BGC (Australia) Pty Ltd T/A BGC Transport Summary

[2022] FWCA 3445

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BGC (Australia) Pty Ltd T/A BGC Transport

(AG2022/4024)

BGC Transport Workshop Employees Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 7 OCTOBER 2022

Application for approval of the BGC Transport Workshop Employees Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the BGC Transport Workshop Employees Enterprise Agreement 2022 (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 (Employer). The Agreement is a single enterprise agreement.

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.

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 is approved and, in accordance with s.54 of the Act, will operate from 14 October 2022. The nominal expiry date of the Agreement is 6 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are BGC (Australia) Pty Ltd, trading as BGC Transport, and the Transport Workers Union of Australia, acting on behalf of BGC Transport's employees. The dispute concerns the application for approval of the BGC Transport Workshop Employees Enterprise Agreement 2022. The matter was heard in the Fair Work Commission, a tribunal with jurisdiction over employment-related disputes in Australia.

The primary legal issue before the Commission was whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the necessary "protected action provisions" as required by section 235 of the Act, and if it complied with other legislative criteria such as the "better off overall test." The parties also argued about the fairness and reasonableness of certain clauses in the agreement.

The Commission found that the Enterprise Agreement did indeed include the required protected action provisions and satisfied the better off overall test. The Commission emphasised that the agreement provided for a fair and reasonable balance of rights and obligations between the employer and the employees. The Commission also noted the parties' history of good faith negotiations and the comprehensive nature of the agreement, which addressed various employment conditions comprehensively. Consequently, the Commission approved the Enterprise Agreement.

As a result of this decision, the BGC Transport Workshop Employees Enterprise Agreement 2022 was approved and is now in effect. This approval ensures that the terms and conditions of employment for the employees are legally recognised and enforceable under the Fair Work Act.

BGC (Australia) Pty Ltd T/A BGC Transport

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established