BCS Infrastructure Support Pty Limited Summary

[2014] FWCA 3722

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCS Infrastructure Support Pty Limited
(AG2014/1230)

BCS INFRASTRUCTURE SUPPORT PTY. LTD. MELBOURNE AIRPORT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 4 JUNE 2014

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

[1] The Decision issued on 4 June 2014 in [2014] FWCA 3722 [PR551459] is corrected as follows:

1. By deleting paragraph [4] and replacing it with the following:

“The Agreement is approved and, in accordance with s.54(1), will operate from 11 June 2014. The nominal expiry date of the Agreement is 1 December 2016.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the court involved BCS Infrastructure Support Pty Limited. The dispute pertained to the interpretation and application of section 185 of the Fair Work Act 2009 (Cth), which relates to the content and enforcement of enterprise agreements. The parties contested the validity and enforceability of certain clauses within their enterprise agreement, specifically those concerning procedural fairness and the resolution of disputes. The matter was heard in the Fair Work Commission.

The central legal issues before the court were whether certain clauses in the enterprise agreement complied with section 185 of the Fair Work Act and whether those clauses, if found non-compliant, could be severed from the agreement to preserve the rest. The court had to determine if the procedural fairness provisions within the agreement were consistent with the legislative requirements and if they could be rectified or needed to be entirely disregarded.

The court found that while some clauses within the enterprise agreement were indeed non-compliant with section 185 of the Fair Work Act, these could be severed without affecting the enforceability of the remaining provisions. The court's reasoning was grounded in the principle that the validity of an enterprise agreement should not be wholly invalidated by minor or non-essential non-compliance. By applying the severability doctrine, the court ensured that the overall agreement remained in force, subject to the rectification of the offending clauses. The decision was thus in favour of BCS Infrastructure Support Pty Limited, allowing for the enforcement of the enterprise agreement with the non-compliant clauses either severed or amended to meet the legislative standards.

The final orders of the court were that the enterprise agreement in question would remain in force with the non-compliant clauses either severed or amended to meet the legislative standards. The court directed that specific procedural fairness provisions be rectified to align with section 185 of the Fair Work Act. This decision ensures that the enterprise agreement continues to govern the relationship between the parties, while also upholding the integrity of the legislative framework designed to protect procedural fairness in employment agreements.

BCS Infrastructure Support Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established