DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TwoIRC Pty Ltd as Trustee for 2 Chabies Investment Trust T/A Bradford Phillips
(AG2016/5483)

BRADFORD PHILLIPS ENTERPRISE AGREEMENT 2016

Educational services
DEPUTY PRESIDENT DEAN	MELBOURNE, 20 OCTOBER 2016

Application for approval of the Bradford Phillips Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bradford Phillips Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by TwoIRC Pty Ltd as Trustee for 2 Chabies Investment Trust T/A Bradford Phillips. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 27 October 2016. The nominal expiry date of the Agreement is 19 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves TwoIRC Pty Ltd, as trustee for the 2 Chabies Investment Trust trading as Bradford Phillips, and a group of employees. The dispute was heard in the Fair Work Commission. The applicants sought approval for the Bradford Phillips Enterprise Agreement 2016, which aimed to govern the employment terms and conditions of the employees.

The legal issues before the Commission centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for "genuine agreement" as stipulated in the Act. This included examining whether the agreement was made in good faith, whether it was properly negotiated, and if it included all necessary provisions for minimum entitlements. The Commission also needed to ensure that the agreement was not contrary to public policy.

In delivering its decision, the Commission examined the evidence presented regarding the negotiation process and the content of the agreement. It considered the submissions from both the applicant and the employees, along with any relevant documentation. The Commission found that the agreement was made in good faith and that it had been properly negotiated. The terms of the agreement were deemed to provide for all the required minimum entitlements, and it was concluded that the agreement did not contravene any public policy considerations. Based on these findings, the Commission approved the Bradford Phillips Enterprise Agreement 2016.

The Commission's decision was made under section 232 of the Fair Work Act 2009, and the final order was that the Bradford Phillips Enterprise Agreement 2016 be approved as a registered agreement.

TwoIRC Pty Ltd as Trustee for 2 Chabies Investment Trust T/A Bradford Phillips

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established