Balfour Beatty Australia Pty Ltd Summary

[2013] FWCA 1047

FAIR WORK COMMISSION

DECISION

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

Balfour Beatty Australia Pty Ltd
(AG2013/254)

BALFOUR BEATTY AUSTRALIA PTY LTD GOLD COAST RAPID TRANSIT PROJECT ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 26 FEBRUARY 2013

Application for approval of the Balfour Beatty Australia Pty Ltd Gold Coast Rapid Transit Project Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 6 February 2013 by Balfour Beatty Australia Pty Ltd for the approval of a single-enterprise agreement known as the Balfour Beatty Australia Pty Ltd Gold Coast Rapid Transit Project Enterprise Agreement 2012 (“the Agreement”).

[2] On 20 February 2013 the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union (“the AWU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the AWU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Balfour Beatty Australia Pty Ltd was the subject of an application for approval of the Balfour Beatty Australia Pty Ltd Gold Coast Rapid Transit Project Enterprise Agreement 2012. The applicant, Balfour Beatty Australia Pty Ltd, sought approval of the agreement as a new modern award in accordance with the Fair Work Act 2009. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, raised concerns about certain provisions within the agreement.

The primary legal issues the Commission was required to decide involved whether the agreement met the requirements for approval as a new modern award, including whether the agreement provided for a safety net of minimum wages and conditions, provided for appropriate dispute resolution processes, and did not unfairly discriminate against employees. The Commission also needed to determine whether the agreement appropriately balanced the interests of the employer and employees.

The Commission found that the agreement provided for a safety net of minimum wages and conditions, and that the dispute resolution processes were appropriate and effective. The Commission noted that the agreement contained provisions for a pay rise for employees and other benefits, and that these provisions were in line with the requirements of the Fair Work Act. Regarding unfair discrimination, the Commission found that the agreement did not unfairly discriminate against employees, as it provided for equal treatment of employees and did not contain any provisions that would disadvantage certain groups of employees. The Commission also found that the agreement appropriately balanced the interests of the employer and employees, as it provided for a fair and reasonable distribution of benefits between the parties.

The Commission approved the Balfour Beatty Australia Pty Ltd Gold Coast Rapid Transit Project Enterprise Agreement 2012 as a new modern award. The agreement will now apply to the employees of Balfour Beatty Australia Pty Ltd who are covered by the agreement, and will replace any existing awards or agreements that were previously in place. The approval of the agreement will provide certainty and stability for both the employer and employees, and will help to ensure that the parties can continue to work together in a fair and productive manner.

Balfour Beatty Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established