BCS Infrastructure Support Pty Ltd Summary

[2014] FWCA 8046

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCS Infrastructure Support Pty Ltd
(AG2014/7641)

BCS INFRASTRUCTURE SUPPORT PTY LTD, BRISBANE AIRPORT - QANTAS DOMESTIC TERMINAL ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 NOVEMBER 2014

Application for approval of the BCS Infrastructure Support Pty Ltd, Brisbane Airport - Qantas Domestic Terminal Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd, Brisbane Airport - Qantas Domestic Terminal Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 November 2014. The nominal expiry date of the Agreement is 1 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were BCS Infrastructure Support Pty Ltd, Qantas Domestic Terminal Pty Ltd, and the Australian Council of Trade Unions. The dispute centred on the application for the approval of the BCS Infrastructure Support Pty Ltd, Brisbane Airport - Qantas Domestic Terminal Enterprise Agreement 2014. The application was heard by the Fair Work Commission.

The primary legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act 2009, and if the agreement provided for the appropriate minimum entitlements for employees. The court needed to consider the provisions of the agreement, as well as any relevant industrial instruments and legislation.

The Fair Work Commission found that the agreement was in compliance with the Fair Work Act 2009 and provided for the appropriate minimum entitlements for employees. The Commission considered the evidence presented by both parties and took into account the relevant industrial instruments and legislation. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and therefore approved the application for the agreement. The approval ensures that the agreement will now form the basis of employment for the workers covered by it, subject to any variations or modifications that may be agreed upon in the future.

BCS Infrastructure Support Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established