BCS Infrastructure Support Pty Ltd

[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

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.

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

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.

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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of BCS Infrastructure Support Pty Ltd involved an application for the approval of the Brisbane Airport Enterprise Agreement 2022. The dispute arose between BCS Infrastructure Support Pty Ltd, the employer, and its employees, represented by the Australian Manufacturing Workers' Union. The central issue was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and was fair and reasonable in all aspects.

The legal issues the Commission had to resolve included whether the agreement provided for appropriate minimum terms and conditions of employment, including rates of pay and other entitlements, and whether the agreement ensured that employees' interests were fairly represented and protected. Additionally, the Commission needed to determine if the agreement had been fairly and genuinely negotiated and if it included adequate dispute resolution processes.

The Fair Work Commission found that the proposed agreement satisfied the necessary criteria. It provided for fair and reasonable minimum terms and conditions of employment, included appropriate dispute resolution mechanisms, and had been negotiated in good faith. The Commission was satisfied that the agreement met the statutory requirements and was fair and reasonable in all respects. Consequently, the Commission approved the Brisbane Airport Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established