DECISION

Fair Work Act 2009
s.185—Enterprise agreement

M Heslop & G Force Insulation Pty Ltd T/A S.Bloye & Son
(AG2016/2377)

S.BLOYE & SON ENTERPRISE AGREEMENT 2016 TO 2017

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2016

Application for approval of the S.Bloye & Son Enterprise Agreement 2016 to 2017.

[1] An application has been made for approval of an enterprise agreement known as the S.Bloye & Son Enterprise Agreement 2016 to 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by M Heslop & G Force Insulation Pty Ltd T/A S.Bloye & Son. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 21 March 2016 and, in accordance with s.54, will operate from 28 March 2016. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

M Heslop, as the employer, and G Force Insulation Pty Ltd trading as S.Bloye & Son, as the employee, appeared before the Fair Work Commission to seek approval of the S.Bloye & Son Enterprise Agreement 2016 to 2017. The application was made under the Fair Work Act 2009, and the dispute centred on whether the agreement met the necessary criteria for approval, including fairness, compliance with relevant legislation, and proper representation of employee interests.

The legal issues that the court had to decide were whether the agreement was a bona fide enterprise agreement, whether it complied with the procedural requirements of the Fair Work Act, and if it was fair and reasonable in all its terms. A significant aspect of the case was the scrutiny of the agreement's provisions concerning wages, working conditions, and the representation of employee interests. The court also had to consider whether the employer had genuinely negotiated the agreement with the employees and whether the agreement provided for a safety net of minimum wages and conditions.

The court found that the S.Bloye & Son Enterprise Agreement 2016 to 2017 was a bona fide enterprise agreement. The court held that the employer had genuinely negotiated the agreement with the employees and that the agreement provided for a safety net of minimum wages and conditions. The court was satisfied that the agreement met the necessary criteria for approval and was fair and reasonable in all its terms. The court approved the agreement, thereby allowing it to come into effect.

M Heslop & G Force Insulation Pty Ltd T/A S.Bloye & Son

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established