DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCS Infrastructure Support Pty Ltd
(AG2018/784)

BCS INFRASTRUCTURE SUPPORT PTY LTD, MELBOURNE AIRPORT ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JUNE 2018

Application for approval of the BCS Infrastructure Support Pty Ltd, Melbourne Airport Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd, Melbourne Airport Enterprise Agreement 2017 (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] 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.

[5] 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 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, BCS Infrastructure Support Pty Ltd, applied for an approval of the BCS Infrastructure Support Pty Ltd, Melbourne Airport Enterprise Agreement 2017. The dispute centred around the terms and conditions of employment set out in the proposed enterprise agreement, which the respondent, the Transport Workers Union of Australia, claimed were not in the best interests of the employees. The matter was heard by Commissioner G Marshall.

The primary legal issue before the Commission was whether the terms and conditions of employment in the proposed enterprise agreement were in the best interests of the employees. This required consideration of the provisions of the Fair Work Act 2009, particularly section 234, which sets out the criteria for the approval of an enterprise agreement. The Commission needed to determine whether the agreement met the requirements of the Act, including whether it provided for fair and reasonable terms and conditions of employment.

Commissioner G Marshall found that the proposed enterprise agreement contained terms and conditions that were in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the BCS Infrastructure Support Pty Ltd, Melbourne Airport Enterprise Agreement 2017.

The final orders of the Commission were that the BCS Infrastructure Support Pty Ltd, Melbourne Airport Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to be registered by the Fair Work Commission and would apply to the employees of BCS Infrastructure Support Pty Ltd 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