BKM Engineering Services Pty Ltd

[2014] FWCA 6908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BKM Engineering Services Pty Ltd
(AG2014/9132)

BKM ENGINEERING ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 1 OCTOBER 2014

Application for approval of the BKM Engineering Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BKM Engineering Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by BKM Engineering Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 8 October 2014. The nominal expiry date of the Agreement is 7 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BKM Engineering Services Pty Ltd sought approval of the BKM Engineering Enterprise Agreement 2014. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009. The Fair Work Commission heard the application. The respondents to the application included the Construction, Forestry, Maritime, Mining and Energy Union, along with several individuals employed by BKM Engineering Services Pty Ltd. The dispute centred on the terms of the proposed agreement and whether it complied with the requirements of the Fair Work Act 2009, particularly in relation to the process by which it was negotiated and the fairness of its terms.

The primary legal issue before the Commission was whether the agreement met the statutory criteria for registration as a single-enterprise agreement. This involved examining the process by which the agreement was negotiated and whether it was done so in good faith. Additionally, the Commission had to determine if the terms of the agreement were fair and reasonable, taking into account the nature of the enterprise and the bargaining positions of the parties involved. The respondents argued that the agreement did not comply with the Act as it was not negotiated in good faith and the terms were not fair.

In considering these issues, the Commission noted that the negotiation process appeared to be conducted in good faith, with both parties engaging in discussions and making efforts to reach an agreement. The Commission also examined the terms of the agreement and found that they were fair and reasonable, taking into account the specific circumstances of the enterprise. The Commission concluded that the agreement met the necessary criteria for approval under the Fair Work Act 2009. As a result, the application for approval of the BKM Engineering Enterprise Agreement 2014 was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established