BDR Electrical & Communications Pty Ltd Summary

[2013] FWCA 5657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BDR Electrical & Communications Pty Ltd
(AG2013/2197)

BDR ELECTRICAL & COMMUNICATIONS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 AUGUST 2013

Application for approval of the BDR Electrical & Communications Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BDR Electrical & Communications Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by BDR Electrical & Communications Pty Ltd to have the BDR Electrical & Communications Pty Ltd Roy Hill AWU Greenfields Agreement 2013 approved by the Fair Work Commission. The applicant sought approval for the agreement under section 233 of the Fair Work Act 2009, and the Australian Workers' Union (AWU) opposed the application. The Fair Work Commission was the court in this case.

The primary legal issues before the Fair Work Commission were whether the agreement was a "better off overall test" (BOOT) agreement and if it met the criteria for approval under section 233 of the Fair Work Act 2009. The BOOT agreement was a key point of contention, as the AWU argued that the agreement did not provide sufficient benefits to employees to meet the BOOT criteria. The Commission also needed to consider if the agreement provided for appropriate consultation, representation, and dispute resolution mechanisms.

The Fair Work Commission determined that the agreement was a BOOT agreement and that it met the criteria for approval. The Commission found that the agreement provided for an appropriate balance of benefits and obligations for both the employer and employees, and that the agreement contained adequate consultation, representation, and dispute resolution provisions. The Commission was satisfied that the agreement would lead to improved productivity, efficiency, and workplace relations, which ultimately resulted in better outcomes for employees. Consequently, the application for approval was granted, and the agreement was approved as a registered agreement under the Fair Work Act 2009.

BDR Electrical & Communications Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established