BCS Infrastructure Support Pty Limited Summary

[2013] FWCA 4858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCS Infrastructure Support Pty Limited
(AG2013/6808)

BCS INFRASTRUCTURE SUPPORT PTY LTD, PERTH AIRPORT ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 JULY 2013

Application for approval of the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2012 (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] 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

BCS Infrastructure Support Pty Limited applied to the Fair Work Commission for approval of the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2012. The primary issue was whether the agreement met the requirements of the Fair Work Act 2009 and provided for minimum workplace terms and conditions. The Commission considered whether the agreement included the mandatory terms set out in the Act and whether it was made in good faith and without coercion.

The Commission found that the agreement was made in good faith and without any form of coercion. The agreement included all the mandated minimum terms and conditions, and it provided for fair and reasonable terms that were consistent with the objectives of the Act. The agreement also ensured that employees were treated fairly and equitably in their employment relationship with the employer. The Commission was satisfied that the agreement met all the necessary legal requirements and was in the best interests of the employees.

In light of the above, the Fair Work Commission approved the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2012. The agreement was registered with the Commission and became a legally binding document between the employer and its employees. The approval of the agreement ensures that the employees of BCS Infrastructure Support Pty Limited are provided with fair and reasonable terms and conditions of employment.

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