BKM Contracting Pty Ltd Summary

[2022] FWCA 134

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BKM Contracting Pty Ltd

(AG2021/9049)

BKM Contracting Pty Ltd Enterprise Agreement 2021

Road transport industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 JANUARY 2022

Application for approval of the BKM Contracting Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the BKM Contracting Pty Ltd Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 January 2022. The nominal expiry date of the Agreement is 23 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of BKM Contracting Pty Ltd was heard, where the applicant sought approval of the Enterprise Agreement 2021. The applicant, BKM Contracting Pty Ltd, is an employer within the industry, and the respondents were trade unions representing employees of the company. The primary dispute centred on whether the proposed enterprise agreement complied with the necessary legal requirements and whether it was fair and reasonable for the employees.

The court was tasked with examining several legal issues, including whether the agreement met the statutory requirements under the Fair Work Act 2009, whether it provided adequate protections for employees, and if it was negotiated in good faith. The court also needed to determine if the agreement's terms and conditions were fair and reasonable, taking into account the economic and social context. Additionally, the court assessed whether the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2021 did indeed meet the statutory requirements and was fair and reasonable. The court determined that the agreement provided sufficient protections for employees and was negotiated in good faith. The terms and conditions of the agreement were deemed to balance the interests of both parties effectively. The Commission approved the agreement, acknowledging its compliance with the legal framework and its equitable nature for all involved parties.

BKM Contracting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established