BGC Australia Pty Ltd T/A BGC Concrete Summary

[2014] FWCA 6835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BGC Australia Pty Ltd T/A BGC Concrete
(AG2014/8920)

BGC AUSTRALIA PTY LTD T/AS BGC CONCRETE - CONCRETE BATCHERS AND DESPATCHERS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 10 OCTOBER 2014

Application for approval of the BGC Australia Pty Ltd T/as BGC Concrete - Concrete Batchers and Despatchers Enterprise Agreement 2014.

[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 2014 (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 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 10 October 2014 and, in accordance with s.54, will operate from 17 October 2014. The nominal expiry date of the Agreement is 1 August 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BGC Australia Pty Ltd, trading as BGC Concrete, sought approval for the Concrete Batchers and Despatchers Enterprise Agreement 2014. This agreement, which sought to govern the employment conditions for its workers, was brought before the Fair Work Commission by BGC Concrete. The application to approve the agreement was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union argued that the proposed agreement did not comply with certain requirements of the Fair Work Act 2009. The dispute centred on whether the agreement sufficiently addressed the terms and conditions of employment as mandated by the Act.

The Fair Work Commission was tasked with determining whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided for the pay rates, conditions, and other terms and conditions of employment as required by the Act. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements for the registration of such agreements. The union's primary contention was that the agreement did not adequately address the conditions of employment for the workers, particularly regarding the definition of certain job roles and the associated pay rates.

In evaluating the application, the Commission carefully reviewed the provisions of the proposed agreement against the statutory requirements. The Commission found that the agreement did, in fact, meet the substantive and procedural requirements for approval. The agreement provided for the specified terms and conditions of employment, including the definition of job roles and associated pay rates. Furthermore, the Commission determined that the agreement was made in accordance with the prescribed procedures for the registration of enterprise agreements. Accordingly, the Fair Work Commission approved the Concrete Batchers and Despatchers Enterprise Agreement 2014, dismissing the union's objections.

In light of the Commission's decision, BGC Australia Pty Ltd trading as BGC Concrete was granted approval for the Concrete Batchers and Despatchers Enterprise Agreement 2014. The agreement was registered, thereby becoming a legally binding enterprise agreement under the Fair Work Act 2009. This decision settled the dispute between BGC Concrete and the union, allowing the agreement to take effect and govern the employment conditions for the workers as stipulated.

BGC Australia Pty Ltd T/A BGC Concrete

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established