DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC Australia Pty Ltd T/A BGC Transport
(AG2017/3820)

BCG TRANSPORT CEMENT BAG DELIVERY OPERATIONS ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 DECEMBER 2017

Application for approval of the BCG Transport Cement Bag Delivery Operations Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BCG Transport Cement Bag Delivery Operations Enterprise Agreement 2017 (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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 22 December 2017 and, in accordance with s.54, will operate from 29 December 2017. The nominal expiry date of the Agreement is 3 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

BGC Australia Pty Ltd, trading as BGC Transport, applied to the Fair Work Commission for the approval of the BCG Transport Cement Bag Delivery Operations Enterprise Agreement 2017. The application was made under the Fair Work Act 2009, with the Fair Work Commission exercising its powers to approve the agreement. The dispute arose from negotiations between BGC Transport and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The employees sought better terms and conditions, including pay rates, hours of work, and other employment-related matters. The legal issues the court needed to address were whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions and whether it was made in good faith. The court examined the provisions of the agreement, the process by which it was negotiated, and the extent to which it provided for fair and reasonable terms and conditions for the employees.

The Fair Work Commission found that the agreement was fair and reasonable, and met the statutory requirements for approval. The court noted that the agreement provided for a number of improvements in terms and conditions for the employees, including increased pay rates and improved leave entitlements. The court also found that the agreement was made in good faith, with both parties engaging in genuine negotiations and making reasonable concessions. The court was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees, and that it met the statutory requirements for approval. The application for approval of the BCG Transport Cement Bag Delivery Operations Enterprise Agreement 2017 was therefore granted. The court made orders approving the agreement, which will now be binding on the parties and their employees.

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