BCS Infrastructure Support Pty Ltd

Case

[2022] FWCA 3893

4 NOVEMBER 2022


[2022] FWCA 3893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BCS Infrastructure Support Pty Ltd

(AG2022/4483)

BCS Infrastructure Support Pty Ltd, Brisbane Airport Enterprise Agreement 2022

Manufacturing and associated industries

COMMISSIONER SIMPSON

BRISBANE, 4 NOVEMBER 2022

Application for approval of the BCS Infrastructure Support Pty Ltd, Brisbane Airport Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd, Brisbane Airport Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

  1. Noting clause 4(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) both lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU and CEPU.

  1. The Agreement is approved and will operate in accordance with s.54 of the Act.


COMMISSIONER

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