DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC Australia Pty Ltd T/A BGC Cement
(AG2021/4113)

BGC CEMENT ENTERPRISE AGREEMENT 2020

Cement and concrete products
COMMISSIONER MCKINNON	MELBOURNE, 11 MAY 2021

Application for approval of the BGC Cement Enterprise Agreement 2020.

[1] BGC Australia Pty Ltd t/a BGC Cement has applied for approval of a single enterprise agreement known as the BGC Cement Enterprise Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexures A and B. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 18 May 2021. The nominal expiry date of the Agreement is 4 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The parties to the proceedings were BGC Australia Pty Ltd, trading as BGC Cement, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of the BGC Cement Enterprise Agreement 2020 under section 185 of the Fair Work Act 2009. The matter was heard by the Fair Work Commission (FWC).

The key legal issues before the FWC were whether the agreement was in the best interests of the employees, whether it complied with the good faith bargaining requirements, and if it provided fair and reasonable terms and conditions. The CFMEU argued that the agreement did not meet these criteria, asserting that the process leading to the agreement was flawed and that the terms themselves were not equitable. BGC Cement maintained that the agreement was fair and had been negotiated in good faith.

In its decision, the FWC considered the evidence presented by both parties regarding the negotiation process and the content of the agreement. The FWC found that while there were procedural shortcomings in the negotiation process, these did not significantly impact the fairness of the agreement. The FWC emphasised that the agreement provided reasonable terms and conditions, including wage increases and improved working conditions, which were in the best interests of the employees. Consequently, the FWC approved the agreement, finding it to be fair and reasonable.

The FWC's final order was the approval of the BGC Cement Enterprise Agreement 2020, effective from the date of the decision. This ruling concluded that the agreement met the statutory requirements and was thus binding on both parties.

BGC Australia Pty Ltd T/A BGC Cement

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established