BCP Employees Pty Ltd Summary

[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

CaseChat Overview and Summary

BCP Employees Pty Ltd recently came before the Fair Work Commission (FWC) in an application for the approval of the Beresford Concrete Products Pty Ltd Charmhaven Enterprise Agreement 2013. The applicant, BCP Employees, represented the employees of Beresford Concrete Products Pty Ltd, while the respondent, Beresford Concrete Products Pty Ltd, represented the employer. The dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement, which was intended to govern the relationship between the employer and its employees.

The legal issues before the FWC included whether the proposed agreement was fair and reasonable, and whether it complied with the requirements of the Fair Work Act 2009. This involved examining the agreement's provisions on wages, hours of work, leave entitlements, and other employment conditions. The FWC also needed to determine whether the agreement provided for the proper regulation of employment, including the protection of employees' rights and interests.

After careful consideration of the evidence and arguments presented by both parties, the FWC found that the proposed agreement was fair and reasonable and complied with the requirements of the Fair Work Act. The FWC noted that the agreement provided for a comprehensive set of terms and conditions that were generally consistent with industry benchmarks, and that it included provisions for the protection of employees' rights and interests. The FWC also found that the agreement had been negotiated in good faith and that it provided for the proper regulation of employment. Accordingly, the FWC approved the Beresford Concrete Products Pty Ltd Charmhaven Enterprise Agreement 2013.

The FWC's decision provides guidance for employers and employees in the concrete products industry, as well as for other employers and employees seeking to negotiate and approve enterprise agreements. It confirms the importance of ensuring that enterprise agreements are fair and reasonable, and that they comply with the requirements of the Fair Work Act. The decision also highlights the role of the FWC in approving enterprise agreements and in promoting the proper regulation of employment.

BCP Employees Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established