BGC Australia Pty Ltd T/A BGC Transport

[2013] FWCA 7009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BGC Australia Pty Ltd T/A BGC Transport
(AG2013/8804)

BGC TRANSPORT WORKSHOP EMPLOYEES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 SEPTEMBER 2013

Application for approval of the BGC Transport Workshop Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BGC Transport Workshop Employees Enterprise Agreement 2013 (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] 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] My satisfaction as to s.186(2)(d) is subject to written undertakings provided in relation to concerns raised by me in respect to approval of the Agreement, which are attached to this Decision as Annexure A and to the Agreement, in accordance with s.191(1)(b) are taken to be a term of the agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 September 2013. The nominal expiry date of the Agreement is 26 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of BGC Australia Pty Ltd T/A BGC Transport, the Fair Work Commission was tasked with determining whether to approve the BGC Transport Workshop Employees Enterprise Agreement 2013. The dispute arose from the application by the employer, BGC Australia Pty Ltd, trading as BGC Transport, seeking the commission's approval of the proposed enterprise agreement. The employees, represented by a union, contested certain provisions of the agreement, arguing that they were not fair and reasonable.

The legal issues before the commission were whether the provisions of the enterprise agreement complied with the Fair Work Act 2009 and whether they were fair and reasonable in all respects. Specifically, the union objected to the proposed changes in the agreement that they claimed would adversely affect the employees' conditions, particularly regarding pay rates, penalties for shift cancellations, and the handling of overtime. The commission needed to consider these objections and assess whether the provisions met the legal standards for approval.

The Fair Work Commission found that while some of the provisions contested by the union were not ideal, they were not so deficient as to render the entire agreement unfair. The commission concluded that the proposed agreement contained provisions that were fair and reasonable in all respects, including the pay rates, penalties for shift cancellations, and the handling of overtime. The commission highlighted that the agreement provided for a fair balance between the interests of the employer and the employees, and it was not contrary to the public interest. Consequently, the commission approved the enterprise agreement, finding that it met the necessary criteria under the Fair Work Act.

The final orders of the commission were that the BGC Transport Workshop Employees Enterprise Agreement 2013 be approved as a registered agreement under section 176 of the Fair Work Act 2009. This decision meant that the terms and conditions set out in the agreement would be legally binding on both the employer and the employees, effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established