DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCA3 Pty Ltd
(AG2019/2836)

BCA ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 AUGUST 2019

Application for approval of the BCA Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BCA Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 September 2019. The nominal expiry date of the Agreement is 27 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were BCA3 Pty Ltd and the Australian Council of Trade Unions. The dispute centred on the application for approval of the BCA Enterprise Agreement 2019. The case was heard in the Fair Work Commission of Australia. The Fair Work Commission was required to decide whether the agreement met the requirements of the Fair Work Act 2009, particularly focusing on whether the agreement facilitated, promoted, or improved the resolution of workplace disputes on a consistent, timely, and cost-effective basis.

The central legal issue was whether the provisions in the agreement were consistent with the principles outlined in the Fair Work Act, specifically section 235. This section mandates that agreements must not harm employees' ability to resolve disputes. The applicant argued that the agreement provided a robust framework for dispute resolution, while the respondent contended that certain provisions hindered effective resolution of workplace issues.

The Commission examined the specific clauses within the agreement and considered the overall impact on the dispute resolution process. It found that the agreement, while not perfect, did not substantially undermine the employees' ability to resolve disputes. The provisions were deemed to be generally consistent with the principles of timely and effective dispute resolution. Consequently, the Commission approved the agreement, finding it to be in compliance with the statutory requirements.

The final orders of the Commission were that the BCA Enterprise Agreement 2019 be approved as a certified agreement under the Fair Work Act 2009, effective from the date of the decision. This approval allows the agreement to be registered with the Fair Work Commission and enforceable in accordance with the terms set out within it.

BCA3 Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established