BGC (Australia) Pty Ltd T/A BGC Concrete

[2018] FWCA 5527

[2018] FWCA 5527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC (Australia) Pty Ltd T/A BGC Concrete
(AG2018/1747)

BGC AUSTRALIA PTY LTD T/AS BGC CONCRETE - CONCRETE BATCHERS AND DESPATCHERS ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 SEPTEMBER 2018

Application for approval of the BGC Australia Pty Ltd T/as BGC Concrete - Concrete Batchers and Despatchers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BGC Australia Pty Ltd T/as BGC Concrete - Concrete Batchers and Despatchers Enterprise Agreement 2018 (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 Concrete. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Agreement was approved on 3 September 2018 and, in accordance with s.54, will operate from 10 September 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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Annexure A