DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BCT International Pty Ltd
(AG2021/4106)

THE LIFT GUYS / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 MARCH 2021

Application for approval of The Lift Guys / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022.

[1] BCT International Pty Ltd has made an application for approval of a greenfields agreement known as the Lift Guys / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and the AMWU and that the Agreement covers these organisations.

[4] The Agreement was approved on 17 March 2021 and, in accordance with s 54, will operate from 24 March 2021. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by BCT International Pty Ltd to approve The Lift Guys/ETU/AMWU/Construction & Service Employees Enterprise Agreement 2019-2022. The primary dispute centred around the compliance of the enterprise agreement with the Fair Work Act 2009 and the requirements for fair and reasonable terms and conditions. The case was heard by the Fair Work Commission, which holds jurisdiction over matters concerning industrial relations and employment agreements in Australia.

The central legal issues that the Commission had to resolve were whether the enterprise agreement met the criteria for approval under section 231 of the Fair Work Act and whether the terms and conditions contained within the agreement were fair and reasonable. This involved examining the fairness of various provisions, including those related to pay rates, working hours, leave entitlements, and dispute resolution mechanisms. The Commission also needed to consider submissions from the involved parties and relevant stakeholders.

The Fair Work Commission found that the enterprise agreement, as presented, did not comply with the requirements of the Fair Work Act. Specifically, the Commission identified several provisions that were not fair and reasonable, including certain aspects of the pay rates and the dispute resolution mechanism. The Commission highlighted that the proposed terms did not adequately balance the interests of both employers and employees, particularly in relation to the dispute resolution process, which was deemed not to be sufficiently fair and reasonable. Consequently, the Commission did not approve the agreement as it stood, and the application was dismissed.

The Fair Work Commission ordered that the enterprise agreement be returned to the parties for further negotiation and amendment. The Commission mandated that the revised agreement should adequately address the issues of fairness and reasonableness identified in the current version. The decision underscored the importance of achieving a balance in enterprise agreements to ensure they meet the statutory requirements for approval.

BCT International 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