Better Concrete Products Pty Ltd T/A BCP Precast as Trustee for BCP Trust

[2014] FWCA 7138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Better Concrete Products Pty Ltd T/A BCP Precast as Trustee for BCP Trust
(AG2014/7380)

BETTER CONCRETE PRODUCTS PTY LTD STAPYLTON ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 9 OCTOBER 2014

Application for approval of the Better Concrete Products Pty Ltd Stapylton Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Better Concrete Products Pty Ltd Stapylton Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Better Concrete Products Pty Ltd T/A BCP Precast as Trustee for BCP Trust. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 16 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Better Concrete Products Pty Ltd, trading as BCP Precast, as trustee for the BCP Trust, applied to the Federal Circuit and Family Court for approval of the Better Concrete Products Pty Ltd Stapylton Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The applicant sought to have the agreement, which was entered into between BCP Precast and the Construction, Forestry, Maritime, Mining and Energy Union, registered with the Fair Work Commission. The dispute centred on the procedural fairness of the application process and the proper consideration of the agreement’s merits.

The court was required to determine whether the application was procedurally fair and whether the applicant had adequately demonstrated the merits of the agreement. The primary legal issues included whether the applicant had followed the correct procedures in seeking approval, and if the agreement met the criteria for registration under the Fair Work Act. The court also needed to consider if there were any grounds to refuse the registration of the agreement, such as the agreement not being in the best interests of the employees or the employer.

The court found that the application process was procedurally fair and that the applicant had adequately demonstrated the merits of the agreement. It was concluded that the agreement was fair and reasonable, and that it met the criteria for registration under the Fair Work Act. The court determined that there were no grounds to refuse the registration of the agreement, as it was in the best interests of both the employees and the employer. Consequently, the court approved the application and ordered that the agreement be registered with the Fair Work Commission.

The final order of the court was that the Better Concrete Products Pty Ltd Stapylton Enterprise Agreement 2014 be approved and registered with the Fair Work Commission. This decision provided clarity for both parties and ensured that the agreement would be legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established