BCS Infrastructure Support Pty Ltd

[2014] FWCA 8044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCS Infrastructure Support Pty Ltd
(AG2014/7811)

BCS INFRASTRUCTURE SUPPORT PTY LTD, BRISBANE AIRPORT ENTERPRISE AGREEMENT 2013

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

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

[1] An application has been made for approval of an enterprise agreement known as the
BCS Infrastructure Support Pty Ltd, Brisbane Airport Enterprise Agreement 2013 (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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has 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 that organisation.

[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 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved BCS Infrastructure Support Pty Ltd and their application for the approval of the BCS Infrastructure Support Pty Ltd, Brisbane Airport Enterprise Agreement 2013. The dispute centred around the terms and conditions of employment as outlined in the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment.

The legal issues the Commission needed to resolve included whether the agreement contained all the mandatory terms required by the Fair Work Act, whether the agreement had been made free from any prohibited conduct, and whether the agreement provided for minimum rates of pay and conditions that were no less favourable than the relevant awards or safety nets. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it allowed for genuine bargaining between the parties.

In reaching its decision, the Commission considered the evidence provided by both parties and the arguments presented. The Commission found that the agreement contained all the mandatory terms required by the Fair Work Act and that it had been made free from any prohibited conduct. The Commission also determined that the agreement provided for minimum rates of pay and conditions that were no less favourable than the relevant awards or safety nets. Furthermore, the Commission found that the agreement had been made in good faith and that there had been genuine bargaining between the parties. As a result, the Commission approved the BCS Infrastructure Support Pty Ltd, Brisbane Airport Enterprise Agreement 2013.

The Fair Work Commission approved the BCS Infrastructure Support Pty Ltd, Brisbane Airport Enterprise Agreement 2013, effective from 1st July 2013. The approval was subject to certain conditions, including the requirement that BCS Infrastructure Support Pty Ltd provide the Commission with certain information and reports in relation to the agreement. The Commission also made orders for the agreement to be registered with the Australian Industrial Relations Commission and for the agreement to be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established