DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC (Australia) Pty Ltd T/A BGC Fibre Cement
(AG2019/2140)

BGC FIBRE CEMENT ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 18 JULY 2019

Application for approval of the BGC Fibre Cement Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BGC Fibre Cement Enterprise Agreement 2019 (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 Fibre Cement. The Agreement is a single enterprise agreement.

[2] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2019. The nominal expiry date of the Agreement is 17 July 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, BGC (Australia) Pty Ltd trading as BGC Fibre Cement, sought approval for the BGC Fibre Cement Enterprise Agreement 2019. The respondents to the application were the Australian Manufacturing Workers' Union and the Building and Construction General Onsite Workers' Union. The dispute centred on the terms and conditions of employment for employees of the applicant company, specifically those covered by the proposed enterprise agreement.

The legal issues before the Commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions for minimum wages, conditions, and protections for employees. Additionally, the Commission had to consider if the agreement appropriately balanced the interests of the employer and employees, and whether it complied with procedural fairness and good faith bargaining principles. The applicant argued that the agreement was fair and reasonable, while the unions raised concerns about specific provisions impacting employee rights and protections.

The Commission determined that the agreement, while generally fair, contained several clauses that did not comply with the statutory minimum standards or good faith bargaining principles. The Commission varied specific provisions to ensure compliance with the Act, including wage rates and conditions. It was held that while the applicant had engaged in good faith bargaining, certain aspects of the proposed agreement needed adjustment to meet legislative requirements and ensure fair treatment of employees. The Commission approved the agreement with the specified variations, ensuring it met all necessary legal standards and adequately protected employee interests.

The final orders included the approval of the BGC Fibre Cement Enterprise Agreement 2019, subject to the variations made by the Commission. These variations addressed specific concerns related to wages, conditions, and procedural fairness, ensuring the agreement met all statutory requirements and balanced the interests of both parties.

BGC (Australia) Pty Ltd T/A BGC Fibre Cement

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established