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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BCS Infrastructure Support Pty Ltd applied for the approval of the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2018. The application was made by the employer, BCS Infrastructure Support Pty Ltd, which sought to implement the enterprise agreement as a certified agreement. The dispute centred on whether the agreement complied with the relevant legislative provisions, specifically under the Fair Work Act 2009, and whether the agreement was made in the spirit of cooperation.

The court was required to determine whether the enterprise agreement met the requirements for approval under the Fair Work Act. Key issues included whether the agreement was made in good faith and whether it complied with the provisions for the certification of new agreements. The court also had to assess whether the agreement addressed the matters required by the Act and whether it provided for the appropriate terms and conditions for the employees covered by the agreement.

The Fair Work Commission found that the enterprise agreement complied with the legislative requirements and was made in good faith. The agreement contained all the necessary provisions and addressed the required matters, including minimum wages, classification of employees, and other terms and conditions of employment. The Commission was satisfied that the agreement was certified as meeting the criteria for approval and would facilitate the operation of a safe and efficient airport. Consequently, the court approved the enterprise agreement, allowing it to be registered and enforceable.

The final orders of the court were that the BCS Infrastructure Support Pty Ltd, Perth Airport Enterprise Agreement 2018 be approved and registered as a certified agreement under the Fair Work Act 2009. The agreement would now apply to the employees covered by it, providing a framework for their employment terms and conditions.

BCS Infrastructure Support Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established