BCS Infrastructure Support Pty Ltd

[2019] FWCA 7985

[2019] FWCA 7985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreementBCS Infrastructure Support Pty Ltd

(AG2019/4200)

BCS INFRASTRUCTURE SUPPORT PTY LTD, PERTH AIRPORT ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 NOVEMBER 2019

Application for approval of the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2018.

[1] BCS Infrastructure Support Pty Ltd (BCS) has made an application for the approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] Clauses 10(g), 18(d), 19(h) and 25(g) relate to employee deductions. Any application of this clause would be inconsistent with the Act and unenforceable. However, notwithstanding my view on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved, and it does not represent a barrier to the approval of the Agreement.

[4] The Agreement was approved on 26 November 2019 and, in accordance with s 54(1)(b), will operate from 5 December 2019. The nominal expiry date of the Agreement is 30 September 2021.

DEPUTY PRESIDENT

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