BCS Infrastructure Support Pty Ltd

Case •

[2022] FWCA 3466

•

7 OCTOBER 2022
[2022] FWCA 3466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BCS Infrastructure Support Pty Ltd

(AG2022/3941)

BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2022

Manufacturing and associated industries

COMMISSIONER LEE

MELBOURNE, 7 OCTOBER 2022

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

  1. An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd, Perth 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 Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

  1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 25(g) – Termination of Employment.

·   Clause 27 – Abandonment of Employment.

However, noting clause 1(d) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2022. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE517678  PR746568>

Annexure A

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