DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bashforth Unit Trust T/A J & M Bashforth & Sons
(AG2018/6770)

J & M BASHFORTH & SONS AND EMPLOYEES ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 MAY 2019

Application for approval of the J & M Bashforth & Sons and Employees Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the J & M Bashforth & Sons and Employees Enterprise Agreement 2018-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Bashforth Unit Trust T/A J & M Bashforth & Sons. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2019. The nominal expiry date of the Agreement is 30 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Bashforth Unit Trust T/A J & M Bashforth & Sons applied to the Fair Work Commission for approval of the J & M Bashforth & Sons and Employees Enterprise Agreement 2018-2022. The applicant submitted that the agreement met the requirements of the Fair Work Act 2009 and was an appropriate enterprise agreement under the Fair Work (Registered Organisations) Act 2009. The Fair Work Commission is the relevant court in this matter.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including that the agreement was in writing, had been made by the relevant employer and the relevant employee organisation, and covered the relevant employees. The court also had to consider whether the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009 and whether it was an appropriate enterprise agreement.

The court found that the agreement met all the requirements for approval under the Fair Work Act 2009. The agreement was in writing, had been made by the relevant employer and the relevant employee organisation, and covered the relevant employees. The court also found that the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009 and was an appropriate enterprise agreement. The court noted that the agreement included provisions for minimum rates of pay, overtime, penalty rates, allowances, and other conditions of employment, as well as provisions for dispute resolution and the operation of the agreement. The court was satisfied that the agreement was fair and reasonable and met the criteria for approval under the Fair Work Act 2009.

The court approved the J & M Bashforth & Sons and Employees Enterprise Agreement 2018-2022. The agreement was registered and came into effect on the date of the decision. The court noted that the agreement provided for a fair and reasonable balance of rights and obligations for both the employer and employees, and was in the best interests of the employees and the employer. The court also noted that the agreement provided for a streamlined process for resolving disputes between the parties and was an appropriate enterprise agreement under the Fair Work (Registered Organisations) Act 2009.

The Bashforth Unit Trust T/A J & M Bashforth & Sons

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established