BGC Australia Pty Ltd T/A BGC Transport

[2017] FWCA 6997

[2017] FWCA 6997

FAIR WORK COMMISSION

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

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ANNEXURE A