DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

B&G Enterprises (NSW) Pty Ltd T/A BGM Contractors
(AG2019/2148)

B&G ENTERPRISES (NSW) PTY LTD - BGM CONTRACTORS DIVISION ENTERPRISE AGREEMENT - 2019 - 2022

Plumbing industry
DEPUTY PRESIDENT BULL	SYDNEY, 9 AUGUST 2019

Application for approval of the B&G Enterprises (NSW) Pty Ltd - BGM Contractors Division Enterprise Agreement - 2019 - 2022.

[1] An application (Form F16) has been filed by B&G Enterprises (NSW) Pty Ltd T/A BGM Contractors(the applicant) for the approval of an enterprise agreement known as the B&G Enterprises (NSW) Pty Ltd - BGM Contractors Division Enterprise Agreement - 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[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 days from the date of approval. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of B&G Enterprises (NSW) Pty Ltd T/A BGM Contractors, the Fair Work Commission was presented with an application for the approval of the enterprise agreement between the employer and its employees. The applicant, B&G Enterprises, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement contained all the mandatory terms prescribed by the Act and whether it was fairly negotiated.

The primary legal issues revolved around the content of the agreement and whether it met the statutory requirements for mandatory terms. Specifically, the court had to determine if the agreement included all the necessary provisions such as minimum wages, penalties rates, leave entitlements, and other conditions of employment as stipulated by the Fair Work Act. Furthermore, the court needed to assess whether the agreement had been fairly negotiated between the employer and the employees' representatives.

In rendering its decision, the Fair Work Commission examined the agreement clause by clause to ensure compliance with the statutory requirements. The court confirmed that the agreement contained all the mandatory terms and that it was a genuine outcome of fair and free negotiations. The Commission took into account the submissions from both parties and considered the overall fairness of the agreement. Ultimately, the Commission found that the agreement was compliant and approved it as a registered enterprise agreement.

The Fair Work Commission's final orders were that the B&G Enterprises (NSW) Pty Ltd - BGM Contractors Division Enterprise Agreement - 2019 - 2022 be approved and registered as a certified agreement under the Fair Work Act 2009. The decision marked the formal recognition of the agreement between the employer and its employees, providing a framework for their employment conditions for the specified period.

B&G Enterprises (NSW) Pty Ltd T/A BGM Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established