BGC (Australia) Pty Ltd T/A BGC Concrete

[2014] FWCA 742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC (Australia) Pty Ltd T/A BGC Concrete
(AG2014/3440)

BGC CONCRETE AGITATOR DRIVERS ENTERPRISE AGREEMENT 2013

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 31 JANUARY 2014

Application for approval of the BGC Concrete Agitator Drivers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BGC Concrete Agitator Drivers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by BGC (Australia) Pty Ltd T/A BGC Concrete. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2014. The nominal expiry date will be 30 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BGC (Australia) Pty Ltd, trading as BGC Concrete, sought approval of the BGC Concrete Agitator Drivers Enterprise Agreement 2013 in the Fair Work Commission. The dispute concerned whether the agreement met the necessary requirements under the Fair Work Act 2009, including the protection of employees' rights and the fairness of the agreement itself.

The central legal issue before the court was whether the enterprise agreement adequately protected the employees' rights, particularly focusing on the procedural fairness in the agreement's creation and its compliance with the mandatory provisions of the Fair Work Act. The court also had to consider whether the agreement met the "better off overall test," ensuring that employees would be no worse off financially and potentially better off overall compared to their previous conditions.

In its reasoning, the court examined the process by which the agreement was negotiated and the extent to which it involved genuine consultation between the employer and the employees. It further assessed whether the agreement contained all the mandated minimum entitlements and whether it provided sufficient protections for the employees' interests. The court concluded that the agreement did meet the statutory requirements, including procedural fairness and the better off overall test. Consequently, the court approved the enterprise agreement, finding that it was fair and compliant with the legislation.

The final orders included the approval of the BGC Concrete Agitator Drivers Enterprise Agreement 2013, subject to the terms and conditions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established