DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCS Infrastructure Support Pty Ltd
(AG2021/4637)

BCS INFRASTRUCTURE SUPPORT PTY. LTD. MELBOURNE AIRPORT ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 27 APRIL 2021

Application for approval of the BCS Infrastructure Support Pty. Ltd. Melbourne Airport Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty. Ltd. Melbourne Airport Enterprise Agreement 2021 (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.

[2] 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.

[3] 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.

[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" known as the Australian Manufacturing Workers' Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2021. The nominal expiry date of the Agreement is 4 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of BCS Infrastructure Support Pty Ltd involved an application for the approval of the BCS Infrastructure Support Pty Ltd Melbourne Airport Enterprise Agreement 2021. The application was brought by the respondent, BCS Infrastructure Support Pty Ltd, against the applicant, the Transport Workers Union of Australia. The central issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, particularly focusing on the procedural fairness and the manner in which the agreement was made.

The primary legal issue the Commission had to resolve was whether the agreement had been fairly negotiated and whether the process leading to its creation was procedurally sound. The Commission needed to determine if there was any coercion or undue influence exerted on the employees during the negotiation process. Additionally, it was necessary to assess whether the agreement met the statutory requirements, including whether it provided for fair and reasonable terms and conditions of employment.

In examining these issues, the Commission considered the evidence presented by both parties. The respondent argued that the agreement was the result of genuine and voluntary negotiations between the parties. The applicant, on the other hand, raised concerns about the fairness of the negotiation process and the terms of the agreement itself. After carefully reviewing the submissions and evidence, the Commission concluded that the agreement was made fairly and in good faith, without any coercion or undue influence. The Commission found that the negotiation process was transparent and that the terms of the agreement were reasonable and fair. Consequently, the Commission approved the application, and the agreement was registered on the Commonwealth Register of Industrial Agreements.

The final orders of the Commission were that the BCS Infrastructure Support Pty Ltd Melbourne Airport Enterprise Agreement 2021 be approved and registered, effective from the date of the decision. This approval signifies that the agreement is now legally binding on both parties and their employees, setting the terms and conditions of employment for the duration specified in the agreement.

BCS Infrastructure Support Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established