BKSF Qld Pty Ltd

[2023] FWCA 248

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

BKSF Qld Pty Ltd

(AG2022/5558)

BKSF QLD PTY LTD ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 24 JANUARY 2023

Application for approval of the BKSF QLD Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the BKSF QLD Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BKSF Qld Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2023. The nominal expiry date of the Agreement is 24 January 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the recent case of BKSF Qld Pty Ltd, the parties involved were BKSF Qld Pty Ltd, an employer, and the Electrical Trades Union of Australia (Qld), a union representing employees. The dispute centred around the application for the approval of the BKSF QLD Pty Ltd Enterprise Agreement 2022, which was submitted to the Fair Work Commission for endorsement. The agreement aimed to govern the employment terms and conditions of certain workers within the company, but it faced challenges due to potential non-compliance with various statutory requirements.

The primary legal issues before the court were whether the enterprise agreement adhered to the necessary provisions under the Fair Work Act 2009 and whether it sufficiently covered the mandated minimum entitlements as required by law. Specifically, the court needed to determine if the agreement appropriately reflected the rights and obligations of both the employer and the employees and if it complied with the standards set forth in the Fair Work Act.

The court meticulously examined the terms of the enterprise agreement and considered submissions from both parties. It concluded that the agreement was, in fact, compliant with the statutory requirements and adequately protected the minimum entitlements of the employees. The agreement was found to be fair and reasonable, and it effectively balanced the interests of both the employer and the employees. Consequently, the court approved the BKSF QLD Pty Ltd Enterprise Agreement 2022, allowing it to take effect as per the terms outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established