BCP Employees Pty Ltd

[2013] FWCA 4068

[2013] FWCA 4068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCP Employees Pty Ltd
(AG2013/1119)

BERESFORD CONCRETE PRODUCTS PTY LTD CHARMHAVEN ENTERPRISE AGREEMENT 2013

Cement and concrete products
COMMISSIONER RYAN	MELBOURNE, 24 JUNE 2013

Application for approval of the Beresford Concrete Products Pty Ltd Charmhaven Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Beresford Concrete Products Pty Ltd Charmhaven Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by BCP Employees Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[4] Although the number of undertakings offered by the employer is significant, I am satisfied that the effect of accepting the several undertakings is not likely to result in substantial changes to the agreement.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 1 July 2013. The nominal expiry date of the Agreement is 16 June 2014.

COMMISSIONER

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APPENDIX A