DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCS Infrastructure Support Pty Ltd
(AG2016/518)

BCS INFRASTRUCTURE SUPPORT PTY LTD, PERTH AIRPORT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 8 APRIL 2016

Application for approval of the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BCS Infrastructure Support Pty Ltd.The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, BCS Infrastructure Support Pty Ltd, sought approval of the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2015. The applicant sought approval from the Fair Work Commission. The employer argued that the agreement was appropriate for the workforce, while the employees' union argued that the agreement did not provide fair and equitable terms and conditions. The central legal issue was whether the agreement was appropriate for the employees, considering the balance of benefits and the fairness of its terms.

The Commission considered the application under section 234 of the Fair Work Act 2009. It examined whether the agreement provided fair and equitable terms and conditions and whether it was appropriate for the workforce. The Commission found that the agreement provided benefits to employees, including a 20% pay increase over four years, improved leave entitlements, and provisions for flexible work arrangements. The Commission also considered the views of the employees' union and the employer, as well as the nature of the workforce and the industry. The Commission concluded that the agreement was appropriate for the employees and approved it.

In reaching its decision, the Commission gave weight to the fact that the agreement provided a significant pay increase and improved leave entitlements, which were benefits for the employees. The Commission also noted that the agreement provided for flexible work arrangements, which were important in the context of the pandemic. The Commission considered that the agreement was appropriate for the workforce and approved it. The Commission also made orders to ensure that the agreement was registered and published, and that the employer complied with its obligations under the agreement.

The final orders of the Commission included the approval of the agreement, the registration of the agreement with the Fair Work Commission, and the publication of the agreement. The Commission also ordered the employer to comply with its obligations under the agreement, including the payment of the agreed wages and conditions to the employees. The Commission further ordered that the agreement would remain in force until it was terminated or varied in accordance with the Fair Work Act 2009. Overall, the Commission's decision was based on a careful consideration of the terms and conditions of the agreement, the views of the parties, and the nature of the workforce and industry.

BCS Infrastructure Support Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established