DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC Australia Pty Ltd T/A BGC Fibre Cement
(AG2015/2100)

BGC FIBRE CEMENT ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 MARCH 2015

Application for approval of the BGC Fibre Cement Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BGC Fibre Cement Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 17 March 2015 and, in accordance with s.54, will operate from 24 March 2015. The nominal expiry date of the Agreement is 17 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved BGC Australia Pty Ltd, trading as BGC Fibre Cement, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred around the application for approval of the BGC Fibre Cement Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The central legal issue before the Commission was whether the agreement in question met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated, if it complied with the relevant provisions of the Act, and if it met the "better off overall test" (BOOT) for the employees.

In examining these issues, the Commission considered the negotiation process and the content of the agreement. It found that the negotiation process was transparent and genuine, with both parties engaging in good faith. The agreement itself was deemed to be in compliance with the statutory provisions and met the BOOT, providing employees with reasonable terms and conditions of employment. The Commission also took into account the economic context and the need for the enterprise to remain competitive. After thorough deliberation, the Commission was satisfied that the agreement fulfilled all necessary legal criteria and was in the best interests of the employees.

The Commission approved the BGC Fibre Cement Enterprise Agreement 2015, recognising its compliance with the statutory requirements and its fairness to the employees. This decision provided clarity and certainty for both the employer and the union moving forward. The approval of the agreement ensures that the terms and conditions of employment are regulated in a manner that balances the interests of both parties, while also adhering to the legislative framework.

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