Bgc (Australia) Pty Ltd Trading AS Bgc Transport

[2025] FWCA 3375

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bgc (Australia) Pty Ltd Trading AS Bgc Transport

(AG2025/3182)

BGC TRANSPORT WORKSHOP EMPLOYEES ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 7 OCTOBER 2025

Application for approval of the BGC Transport Workshop Employees Enterprise Agreement 2025

Bgc (Australia) Pty Ltd Trading AS Bgc Transport (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the BGC Transport Workshop Employees Enterprise Agreement 2025 (the Agreement).

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

Clause 2.3 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 October 2025. The nominal expiry date of the Agreement is 7 October 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, Bgc (Australia) Pty Ltd trading as BGC Transport, sought approval of the BGC Transport Workshop Employees Enterprise Agreement 2025. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with determining whether the agreement met the requirements for approval. The primary dispute centred on the provisions within the agreement that related to employee entitlements and the dispute resolution process. The applicant argued that the agreement was fair and reasonable, while no other party contested its approval.

The Commission was required to assess if the agreement complied with the procedural and substantive fairness criteria set out in the Fair Work Act. This included examining whether the agreement had been made in accordance with the relevant provisions of the Act and whether it provided for a fair and reasonable outcome for all parties. The Commission also had to consider whether the agreement was genuinely bargained for and if it contained provisions that were consistent with the principles of industrial relations.

Upon review, the Fair Work Commission found that the BGC Transport Workshop Employees Enterprise Agreement 2025 met all necessary criteria. The Commission determined that the agreement was made in good faith and that it provided fair and reasonable terms for the employees. The provisions were deemed to be consistent with the principles of industrial relations, and the agreement was approved. The Commission found that there was no evidence of procedural unfairness and that the agreement reflected a genuine bargain between the employer and the employees.

The Fair Work Commission approved the BGC Transport Workshop Employees Enterprise Agreement 2025. The Commission found the agreement to be fair and reasonable, genuinely bargained for, and in compliance with the requirements of the Fair Work Act. The decision was made to ensure that the terms of the agreement were beneficial and equitable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established