BCS Infrastructure Support Pty Ltd Summary

[2014] FWCA 4852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCS Infrastructure Support Pty Ltd
(AG2014/1229)

BCS INFRASTRUCTURE SUPPORT PTY LTD SYDNEY AIRPORT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 18 JULY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd Sydney 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 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 25 July 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BCS Infrastructure Support Pty Ltd sought approval of the BCS Infrastructure Support Pty Ltd Sydney Airport Enterprise Agreement 2013. The applicant argued that the agreement was a genuine enterprise agreement, meeting the requirements of the Fair Work Act 2009. The application was contested by the Transport Workers Union of Australia, which argued that the agreement failed to meet the legislative requirements for a genuine enterprise agreement.

The court had to determine whether the agreement was a genuine enterprise agreement under the Fair Work Act. This involved assessing whether the agreement was made by an employer and a representative of employees, whether it was in writing, and whether it had been agreed to by the employer and the employees. The court also had to consider whether the agreement had been made in good faith and whether it contained terms that were necessary to protect employees from detrimental treatment.

The court found that the agreement met all the requirements of a genuine enterprise agreement under the Fair Work Act. The court noted that the agreement was made between the applicant and the Transport Workers Union of Australia, and that it was in writing. The court also found that the agreement had been made in good faith and that it contained terms that were necessary to protect employees from detrimental treatment. The court was satisfied that the agreement was a genuine enterprise agreement and approved the application.

The court made an order approving the BCS Infrastructure Support Pty Ltd Sydney Airport Enterprise Agreement 2013 as a genuine enterprise agreement. The court also ordered that the agreement be registered with the Fair Work Commission.

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