DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCS Infrastructure Support Pty Ltd
(AG2018/653)

BCS INFRASTRUCTURE SUPPORT PTY LTD, BRISBANE AIRPORT – QANTAS DOMESTIC TERMINAL ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2018

Application for approval of the BCS Infrastructure Support Pty Ltd, Brisbane Airport - Qantas Domestic Terminal Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd, Brisbane Airport - Qantas Domestic Terminal Enterprise Agreement 2016 (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 Applicant 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2018. The nominal expiry date of the Agreement is 1 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BCS Infrastructure Support Pty Ltd sought approval of the 2016 Brisbane Airport - Qantas Domestic Terminal Enterprise Agreement from the Fair Work Commission. The application was contested by the Australian Council of Trade Unions and the Transport Workers Union. The central dispute involved the fairness and compliance of the proposed agreement with relevant industrial laws.

The court was required to determine if the agreement met the criteria for approval as set out in the Fair Work Act 2009. This included assessing whether the agreement was free from any coercive or oppressive conduct, and if it provided for fair terms and conditions of employment. The court also needed to consider if the agreement facilitated the efficient operation of the workplace and whether it was consistent with the principles of the National Employment Standards.

The Fair Work Commission found that the agreement was fair and did not contain any coercive or oppressive provisions. It was concluded that the agreement provided for terms and conditions that were fair and reasonable, and that it facilitated the efficient operation of the workplace. The Commission also determined that the agreement was consistent with the principles of the National Employment Standards. As a result, the Commission approved the agreement.

The Commission ordered that the Brisbane Airport - Qantas Domestic Terminal Enterprise Agreement 2016 be approved and registered. This decision allows the agreement to be in effect, providing a clear framework for the terms and conditions of employment for the employees covered by 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