DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCS Infrastructure Support Pty Ltd
(AG2016/4223)

BCS INFRASTRUCTURE SUPPORT PTY LTD, PERTH AIRPORT - QANTAS DOMESTIC TERMINAL ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 22 SEPTEMBER 2016

Application for approval of the BCS Infrastructure Support Pty Ltd, Perth Airport - Qantas Domestic Terminal Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd, Perth Airport - Qantas Domestic Terminal Enterprise Agreement 2015 (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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

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, sought approval of the BCS Infrastructure Support Pty Ltd, Perth Airport - Qantas Domestic Terminal Enterprise Agreement 2015. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for certain employees of the company who work at the Perth Airport - Qantas Domestic Terminal. The legal issues before the Commission centred on whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly concerning the coverage of employees and the fairness of the terms and conditions set out in the agreement.

The Commission examined the application to determine if the enterprise agreement met the criteria for approval as stipulated in the Fair Work Act. This included assessing whether the agreement covered a sufficient proportion of employees within the enterprise, whether the agreement had been negotiated in good faith, and if the terms and conditions provided for fair and reasonable outcomes for the employees involved. The Commission also considered submissions from the parties and any relevant evidence or arguments presented during the proceedings. The court needed to ensure that the agreement was not only procedurally sound but also substantively fair and beneficial to the employees.

After reviewing the evidence and submissions, the Commission determined that the enterprise agreement complied with the requirements of the Fair Work Act. The agreement was found to cover a sufficient proportion of employees and was negotiated in good faith. The terms and conditions were deemed fair and reasonable, providing for appropriate outcomes for the employees. Therefore, the application for approval of the enterprise agreement was successful. The Commission approved the agreement, allowing it to come into effect as per the stipulated terms.

The final orders of the Commission were that the BCS Infrastructure Support Pty Ltd, Perth Airport - Qantas Domestic Terminal Enterprise Agreement 2015 be approved and registered with the Fair Work Commission. The agreement was to be in force from the date of the decision and would govern the employment conditions of the relevant employees until such time as it is replaced or varied by another enterprise 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