DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC (Australia) Pty Ltd T/A BGC Transport
(AG2016/6965)

BGC TRANSPORT WORKSHOP EMPLOYEES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 DECEMBER 2016

Application for approval of the BGC Transport Workshop Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BGC Transport Workshop Employees Enterprise Agreement 2016 (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 9 December 2016 and, in accordance with s.54, will operate from 16 December 2016. The nominal expiry date of the Agreement is 26 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application by BGC (Australia) Pty Ltd, trading as BGC Transport, to the Fair Work Commission (FWC) for the approval of the BGC Transport Workshop Employees Enterprise Agreement 2016. The applicants, BGC Transport, sought the FWC’s approval of the agreement under the Fair Work Act 2009. The primary dispute centred on the terms and conditions of employment within the enterprise agreement, which had been negotiated between the employer and the employees’ union.

The central legal issue for the FWC was whether the terms and conditions outlined in the BGC Transport Workshop Employees Enterprise Agreement 2016 were compliant with the requirements set forth in the Fair Work Act 2009. This included ensuring that the agreement met the criteria for "better off overall" for the employees, did not unfairly discriminate against employees, and adhered to the process requirements for enterprise agreements under the Act. Additionally, the FWC had to consider whether the agreement was fairly and genuinely negotiated and if it complied with the provisions concerning minimum wages and other industrial matters.

In its decision, the FWC determined that the BGC Transport Workshop Employees Enterprise Agreement 2016 met the statutory requirements under the Fair Work Act 2009. The FWC found that the agreement provided terms and conditions that were at least as favourable as those under the applicable awards, and it did not unfairly discriminate against any class of employees. The FWC also concluded that the agreement was genuinely negotiated and that it complied with the relevant industrial provisions. Therefore, the FWC approved the enterprise agreement, deeming it to be fair and reasonable under the circumstances.

The FWC's final order was the approval of the BGC Transport Workshop Employees Enterprise Agreement 2016, effective from the date of the decision. This approval meant that the terms and conditions specified in the agreement would govern the employment relationship between BGC Transport and its employees, subject to the provisions of the Fair Work Act 2009.

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