DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC Australia Pty Ltd T/A BGC Cement
(AG2016/3370)

BGC CEMENT ENTERPRISE AGREEMENT 2016

Cement and concrete products
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 JULY 2016

Application for approval of the BGC Cement Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BGC Cement Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BGC Australia Pty Ltd T/A BGC Cement. The Agreement is a single enterprise agreement.

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

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 14 July 2016 and, in accordance with s.54, will operate from 21 July 2016. The nominal expiry date of the Agreement is 14 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by BGC Australia Pty Ltd, trading as BGC Cement, for approval of the BGC Cement Enterprise Agreement 2016. The company sought to establish terms and conditions of employment for its employees under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the criteria for registration under the Act, including ensuring that it provided for fair and reasonable terms and conditions of employment, and that it had been genuinely agreed upon by the parties.

The legal issues before the Commission included determining if the agreement provided for terms and conditions that were fair and reasonable, as well as if there was sufficient evidence of genuine agreement by both parties. The Commission had to scrutinise the process through which the agreement was negotiated and whether there was adequate representation and consultation. Furthermore, the Commission needed to ensure that the agreement did not undermine the protections provided by the National Employment Standards and other relevant awards.

In its decision, the Fair Work Commission examined the evidence presented by BGC Australia Pty Ltd regarding the negotiation process and the content of the agreement. The Commission found that the agreement did provide for fair and reasonable terms and conditions of employment and that there was sufficient evidence of genuine agreement. The company had demonstrated that the negotiation process was robust and that both parties had been adequately represented and had participated in good faith. The Commission concluded that the agreement met the statutory requirements and did not undermine the protections provided by the National Employment Standards or relevant awards.

Consequently, the Fair Work Commission approved the BGC Cement Enterprise Agreement 2016 for registration. The approval was granted on the basis that the agreement was fair and reasonable, and that it had been genuinely negotiated and agreed upon by the parties. This decision ensured that the terms and conditions of employment for the employees of BGC Australia Pty Ltd were legally recognised and enforceable under the Fair Work Act 2009.

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