DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Westling Family Trust T/A BayJax Dogging and Rigging Services
(AG2017/2817)

BAYJAX SERVICES ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 14 SEPTEMBER 2017

Application for approval of the BayJax Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BayJax Services Enterprise Agreement 2017 (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 Westling Family Trust T/A BayJax Dogging and Rigging 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 21 September 2017. The nominal expiry date of the Agreement is 20 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Trustee for Westling Family Trust, trading as BayJax Dogging and Rigging Services, applied to the Fair Work Commission for the approval of the BayJax Services Enterprise Agreement 2017. The application was opposed by the Maritime Union of Australia, representing certain employees of BayJax. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 to warrant approval, specifically whether the agreement had been made in good faith and whether it facilitated the effective operation of a fair and efficient workplace.

The legal issues the court had to address were primarily whether the application complied with the procedural requirements of the Fair Work Act 2009, and whether the agreement itself met the criteria for approval, particularly in relation to good faith bargaining and fairness. The court also considered the arguments presented by the Maritime Union of Australia regarding the adequacy of the agreement in protecting employee interests.

In its reasoning, the Fair Work Commission examined the evidence provided by both parties, including submissions and witness testimonies. The Commission found that the application was procedurally sound and that the agreement had been made in good faith. The Commission also determined that the agreement provided for a fair and efficient workplace and met the requirements of the Act. Consequently, the application for approval of the BayJax Services Enterprise Agreement 2017 was approved.

The final orders included the approval of the BayJax Services Enterprise Agreement 2017, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission, and both parties were required to adhere to its terms and conditions.

The Trustee for Westling Family Trust T/A BayJax Dogging and Rigging Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established