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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, BGC (Australia) Pty Ltd, trading as BGC Concrete, applied for approval of the BGC Australia Pty Ltd T/as BGC Concrete – Concrete Batchers and Despatchers Enterprise Agreement 2018. The application arose out of a dispute between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding the terms and conditions of employment for certain employees.

The legal issues before the Commission involved whether the proposed agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to determine if the agreement provided for appropriate minimum terms, including wages and conditions, and whether the agreement was fair and reasonable.

The Commission found that the proposed agreement met the requirements of the Act and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including wages and other employment conditions, which were not less favourable than the applicable awards. The Commission also found that the agreement was not likely to have an adverse effect on the financial viability of the applicant company. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission approved the BGC Australia Pty Ltd T/as BGC Concrete – Concrete Batchers and Despatchers Enterprise Agreement 2018. This decision is binding on all parties involved and sets the terms and conditions of employment for the relevant employees.

BGC (Australia) Pty Ltd T/A BGC Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established