BCS Infrastructure Support Pty Limited

[2014] FWCA 4697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCS Infrastructure Support Pty Limited
(AG2014/1524)

BCS INFRASTRUCTURE SUPPORT PTY LTD, PERTH AIRPORT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JULY 2014

Application for approval of the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2013 (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.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of BCS Infrastructure Support Pty Limited, the applicant sought approval of the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2013. The applicant was seeking a determination from the Fair Work Commission to approve the enterprise agreement in accordance with the Fair Work Act 2009. The agreement in question pertained to the employment conditions of certain workers who were employed by the respondent in roles associated with the management and maintenance of the Perth Airport.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. This involved examining whether the agreement had been made in accordance with the Act, and whether it included all necessary terms and conditions for the employment of the workers. Additionally, the Commission had to consider whether the agreement was in the best interests of the workers and whether it complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the enterprise agreement satisfied all the necessary criteria for approval. The Commission determined that the agreement had been made in good faith and included all the required terms and conditions as specified under the Act. Furthermore, the Commission was satisfied that the agreement was in the best interests of the workers and complied with the Fair Work Act and the Fair Work Regulations. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

The final orders of the Commission were that the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2013 be approved in accordance with section 233 of the Fair Work Act 2009. This decision ensures that the terms and conditions set out in the agreement are legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established