DECISION

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

BGC Contracting Pty Ltd
(AG2017/6085)

BGC CONTRACTING BURRILL LAKE BRIDGE PROJECT ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 11 JANUARY 2018

Application for approval of the BGC Contracting Burrill Lake Bridge Project Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BGC Contracting Burrill Lake Bridge Project 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 Contracting Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (the Commission) received correspondence dated 8 January 2018, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager People, proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 11 January 2022.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case involves BGC Contracting Pty Ltd, which applied for the approval of the BGC Contracting Burrill Lake Bridge Project Enterprise Agreement 2017. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement was in the best interests of the employees covered by it. The Fair Work Commission was the court that heard the matter.

The legal issues before the court were whether the agreement met the requirements of section 231 of the Act and whether it provided fair and reasonable terms for the employees. The court had to consider various aspects of the agreement, including the negotiation process, the content of the agreement, and its impact on the employees. The key issue was whether the agreement, if made, would be in the best interests of the employees, as required by section 232 of the Act.

The court found that the agreement did meet the statutory requirements and was in the best interests of the employees. It considered the negotiation process to be fair and transparent, and the terms of the agreement to be reasonable and balanced. The court also noted that the agreement provided for better wages and conditions than the applicable award, which was a significant benefit for the employees. The court was satisfied that the agreement would promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the agreement, finding that it met the requirements of the Act and was in the best interests of the employees. The Commission made an order approving the agreement under section 232 of the Act. The order is effective from the date of the Commission's decision and will remain in force until it is terminated or replaced by a new agreement.

BGC Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established