DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BGIS Pty Ltd T/A BGIS
(AG2020/3682)

BGIS PTY LTD GLOBAL SWITCH ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 17 DECEMBER 2020

Application for approval of the BGIS Pty Ltd Global Switch Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the BGIS Pty Ltd Global Switch Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BGIS Pty Ltd T/A BGIS. 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2020. The nominal expiry date of the Agreement is 31 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BGIS Pty Ltd, trading as BGIS, sought approval of their proposed Global Switch Enterprise Agreement 2020 from the Fair Work Commission (FWC). The dispute centred on whether the agreement provided for fair terms and conditions for employees in line with the Fair Work Act 2009. The FWC was tasked with determining if the proposed agreement met the necessary standards for approval, particularly in relation to minimum wage rates, penalty rates, and other conditions of employment.

The key legal issues before the FWC were whether the proposed agreement adequately covered minimum wage rates, penalty rates, and other employment conditions as required by the Fair Work Act. Additionally, the FWC had to consider whether the agreement contained provisions that could undermine the intended protections of the Act. The FWC also needed to examine whether the agreement ensured that employees were treated fairly and had appropriate safeguards in place.

The FWC found that the proposed agreement contained several deficiencies that did not align with the requirements of the Fair Work Act. The commission highlighted that the agreement failed to adequately address minimum wage rates and penalty rates for certain employee groups. Furthermore, the FWC identified clauses within the agreement that could potentially undermine the protections intended by the Act. Consequently, the FWC decided that the agreement did not meet the standards for approval and rejected the application for its endorsement.

In light of the FWC's decision, BGIS was required to revise the Global Switch Enterprise Agreement 2020 to address the identified deficiencies and ensure compliance with the Fair Work Act before resubmitting it for approval. The FWC's determination underscored the importance of ensuring that enterprise agreements provide fair and reasonable terms and conditions for employees, aligning with the overarching objectives of the Fair Work Act.

BGIS Pty Ltd T/A BGIS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established