DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCS Infrastructure Support Pty Ltd
(AG2017/2078)

BCS INFRASTRUCTURE SUPPORT PTY LTD, SYDNEY AIRPORT ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 4 AUGUST 2017

Application for approval of the BCS Infrastructure Support Pty Ltd, Sydney Airport Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd, Sydney Airport 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2017. The nominal expiry date of the Agreement is 29 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, BCS Infrastructure Support Pty Ltd sought approval of the BCS Infrastructure Support Pty Ltd, Sydney Airport Enterprise Agreement 2016. The application was contested by the Australian Services Union, representing employees of BCS. The dispute centred around the terms of the proposed enterprise agreement, specifically the classifications, wages, and conditions for employees.

The central issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. This involved assessing whether the agreement was in the best interests of the employees, provided fair and reasonable terms, and adhered to the relevant legislative provisions. Additionally, the Commission needed to determine if the agreement was appropriately negotiated and if it provided sufficient protections for employees.

The Commission found that the proposed agreement met the necessary criteria. It was determined that the agreement had been negotiated in good faith and provided fair and reasonable terms for the employees. The classification and wage structure were deemed appropriate, and the conditions were found to be consistent with industry standards. The Commission was satisfied that the agreement would serve the best interests of the employees and was thus approved.

The Fair Work Commission approved the BCS Infrastructure Support Pty Ltd, Sydney Airport Enterprise Agreement 2016, effective from the date of the decision. This outcome ensures that employees are provided with fair terms and conditions of employment, as established under the Fair Work Act 2009.

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