DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC (Australia) Pty Ltd T/A BGC Transport
(AG2019/3096)

BGC TRANSPORT WORKSHOP EMPLOYEES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	CANBERRA, 11 OCTOBER 2019

Application for approval of the BGC Transport Workshop Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BGC Transport Workshop Employees 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 Transport. 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. The undertakings are taken to be a term of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2019. The nominal expiry date of the Agreement is 26 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, BGC (Australia) Pty Ltd trading as BGC Transport, applied for approval of the BGC Transport Workshop Employees Enterprise Agreement 2019 under the Fair Work Act 2009. The application was heard by the Fair Work Commission (FWC) which was required to determine if the agreement met the requirements for approval under the Act. The dispute centred on whether the agreement adequately provided for employee rights, conditions of employment, and dispute resolution mechanisms as stipulated by the legislation.

The primary legal issue before the FWC was whether the agreement met the 'better-off overall test', meaning that employees would be no worse off financially and would have improved conditions and benefits compared to the applicable award or other agreements. The FWC also needed to assess if the agreement was made in good faith and if the process of its negotiation and formation complied with the Act. Furthermore, the FWC examined if the agreement contained all the prescribed minimum terms and conditions and if it was consistent with the Fair Work (Registered Organisations) Act 2009.

In its decision, the FWC found that the agreement met the 'better-off overall test' and contained all the prescribed minimum terms and conditions. The FWC concluded that the agreement was made in good faith and the process of its negotiation and formation complied with the Fair Work Act. The FWC considered the evidence presented by both parties, including the submissions and the fairness test. The FWC determined that the agreement was fair and reasonable and approved it accordingly.

The FWC made orders approving the BGC Transport Workshop Employees Enterprise Agreement 2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would apply to all employees covered by the agreement. The FWC's decision provided clarity and certainty for both parties and resolved the dispute in a fair and balanced manner.

BGC (Australia) Pty Ltd T/A BGC Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established