DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Takwood Pty Ltd T/A Bellis Industrial Services
(AG2020/2828)

BELLIS INDUSTRIAL SERVICES INPEX ICHTHYS OPERATIONS ENTERPRISE MAINTENANCE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 30 SEPTEMBER 2020

Application for approval of the Bellis Industrial Services INPEX ICHTHYS Operations Enterprise Maintenance Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Bellis Industrial Services INPEX ICHTHYS Operations Enterprise Maintenance Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Takwood Pty Ltd T/A Bellis Industrial Services. 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Takwood Pty Ltd trading as Bellis Industrial Services and the Fair Work Commission. The dispute concerns the approval of the Bellis Industrial Services INPEX ICHTHYS Operations Enterprise Maintenance Agreement 2020, which seeks to set out the terms and conditions of employment for employees working under the agreement. The matter was heard by the Fair Work Commission. The central legal issues the Court had to address were whether the agreement met the criteria for an enterprise agreement under the Fair Work Act 2009 and if the agreement was made in good faith and without coercion.

The Fair Work Commission examined the negotiation process, the content of the agreement, and the manner in which it was presented to the employees. The Commission found that the agreement was appropriately negotiated and contained provisions that were fair and reasonable. It concluded that the agreement was made in good faith and without coercion. The Court emphasised the importance of the parties' conduct during the negotiation process and the need for transparency and fairness in the presentation of the agreement to the employees.

Takwood Pty Ltd trading as Bellis Industrial Services was successful in its application for the approval of the Bellis Industrial Services INPEX ICHTHYS Operations Enterprise Maintenance Agreement 2020. The Commission found that the agreement met the necessary criteria under the Fair Work Act 2009 and was made in good faith and without coercion. The Court approved the agreement, which will now govern the employment terms and conditions of the employees covered by it.

Takwood Pty Ltd T/A Bellis Industrial Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established