DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BCS Infrastructure Support Pty Ltd T/A BCS Infrastructure Support Pty Ltd
(AG2019/2334)

BCS INFRASTRUCTURE SUPPORT PTY LTD, BRISBANE AIRPORT ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 24 SEPTEMBER 2019

Application for approval of the BCS Infrastructure Support Pty Ltd, Brisbane Airport Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BCS Infrastructure Support Pty Ltd, Brisbane Airport Enterprise Agreement 2019 (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.

[2] The Agreement is a single enterprise agreement.

[3] Mr Rohan Webb, State Secretary of the Queensland branch of the Australian Manufacturing Workers’ Union (AMWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it.

[4] Mr Peter Ong, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), lodged a Form F18 statutory declaration in relation to the Agreement of the Agreement and giving notice under s.183 of the Act that the CEPU wants the Agreement to cover it.

[5] The Applicant has provided written undertakings. A copy of the undertaking is attached in Appendix A. I am satisfied that the undertakings will not cause financial detriment to any employee by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[6] 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. The undertakings are taken to be a term of the Agreement.

[7] In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU and CEPU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

In the Fair Work Commission, BCS Infrastructure Support Pty Ltd, trading as BCS Infrastructure Support Pty Ltd, applied for approval of the BCS Infrastructure Support Pty Ltd, Brisbane Airport Enterprise Agreement 2019. The respondents to the application included several unions and individual employees. The dispute centred around the terms and conditions of the enterprise agreement, including aspects such as wages, classification, and other employment-related matters. The application required the Commission to assess whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved determining if the agreement complied with the provisions of the Fair Work Act and if it provided for the proper management of the workplace. Specifically, the Commission needed to consider whether the agreement was procedurally sound, free from any contraventions of the Act, and whether it provided for the fair and equitable treatment of employees. The Commission also had to evaluate if the agreement allowed for effective bargaining and if it was consistent with the broader objectives of the Act.

The Commission found that the agreement was procedurally sound, having been negotiated in good faith and with proper consultation. The terms of the agreement were found to be fair and reasonable, providing for the proper classification and remuneration of employees. The Commission concluded that the agreement did not contravene any provisions of the Act and provided for the effective management of the workplace. Consequently, the application for approval was successful, and the agreement was certified as meeting the statutory requirements.

The final orders of the Commission included the approval of the BCS Infrastructure Support Pty Ltd, Brisbane Airport Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by its terms. The Commission's decision ensured that the agreement would provide a stable and fair framework for the employment relationship between the parties.

BCS Infrastructure Support Pty Ltd T/A BCS Infrastructure Support Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established