BGC Contracting Pty Ltd

[2013] FWCA 7431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGC Contracting Pty Ltd
(AG2013/9393)

BGC CONTRACTING DEPOTS AND GENERAL ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 SEPTEMBER 2013

Application for approval of the BGC Contracting Depots and General Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BGC Contracting Depots and General Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, BGC Contracting Pty Ltd, an applicant, sought approval of the BGC Contracting Depots and General Enterprise Agreement 2013, with the Construction, Forestry, Maritime, Mining and Energy Union, and the Building Construction, Commerce, Industrial and Energy Union, as respondents. The matter revolved around whether the proposed enterprise agreement complied with the relevant legislative framework and whether it should be approved. The court had to determine whether the agreement adhered to the requirements of the Fair Work Act 2009, including whether it provided for a fair and efficient bargaining process, and whether it met the criteria for being a single, indivisible enterprise agreement.

The court examined the structure and content of the agreement, assessing whether it contained appropriate provisions for minimum wages and conditions, and whether it was sufficiently comprehensive to cover all aspects of employment within the scope of the agreement. Additionally, the court evaluated the bargaining process to ascertain if it was conducted fairly and in good faith, and whether all necessary steps were taken to ensure that the agreement reflected the interests of both parties. The court also considered whether the agreement complied with the requirements for approval under the Fair Work Act, including whether it provided for the rights of employees and employers, and whether it facilitated a productive workplace relationship.

The court concluded that the BGC Contracting Depots and General Enterprise Agreement 2013 was compliant with the relevant legislation and met the criteria for approval. The agreement was found to be fair and efficient, providing for minimum wages and conditions, and covering all aspects of employment within the scope of the agreement. The court determined that the bargaining process was conducted fairly and in good faith, and that all necessary steps were taken to ensure that the agreement reflected the interests of both parties. The agreement was approved as it provided for the rights of employees and employers, and facilitated a productive workplace relationship.

The court issued an order approving the BGC Contracting Depots and General Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it would apply to all employees within the scope of the agreement. The court also ordered that the agreement be given effect, and that any disputes arising under the agreement would be resolved in accordance with the Fair Work Act. The decision brought finality to the matter, providing clarity and certainty for both the applicant and respondents.

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