DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Bono Constructions Unit Trust T/A Bono Constructions
(AG2016/6054)

BONO CONSTRUCTIONS ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Bono Constructions Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Bono Constructions Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Bono Constructions Unit Trust T/As Bono Constructions. 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 26 October 2016. The nominal expiry date of the Agreement is 18 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves The Trustee for Bono Constructions Unit Trust, trading as Bono Constructions, who applied for the approval of the Bono Constructions Enterprise Agreement 2016-2020. The application was heard by the Fair Work Commission, where the legal representatives for both parties presented their arguments. The primary dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issues addressed by the Commission were whether the enterprise agreement provided for the proper minimum terms as required by the Act, and whether it included the appropriate dispute resolution processes. Specifically, the Commission examined whether the agreement provided for a fair and reasonable process for resolving disputes between the employer and the employees, and whether it adhered to the principles of procedural fairness.

The Commission assessed the agreement against the statutory criteria outlined in the Fair Work Act. It determined that the agreement did provide for the necessary minimum terms and included appropriate dispute resolution mechanisms. The Commission found that the processes outlined in the agreement were fair and reasonable and aligned with the principles of procedural fairness. Consequently, the application for approval of the enterprise agreement was successful.

As a result of the Commission's decision, the Bono Constructions Enterprise Agreement 2016-2020 was approved, and it will now serve as the legally binding agreement between the employer and the employees. This decision ensures that the agreement complies with the requirements of the Fair Work Act, providing a framework for the terms and conditions of employment within the enterprise.

The Trustee for Bono Constructions Unit Trust T/A Bono Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established