BMC Pty Ltd

[2014] FWCA 1598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMC Pty Ltd
(AG2014/446)

BMC WELDING & CONSTRUCTION PTY LTD AMWU CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPEN CUT MINE VICTORIA, 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 6 MARCH 2014

Application for approval of the BMC Welding & Construction Pty Ltd AMWU Certified Agreement for Yallourn Power Station and Open Cut Mine Victoria, 2013.

[1] An application has been made for approval of an enterprise agreement known as the BMC Welding & Construction Pty Ltd AMWU Certified Agreement for Yallourn Power Station and Open Cut Mine Victoria, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by BMC Pty Ltd. The agreement is a greenfields agreement.

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

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 13 March 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, BMC Welding & Construction Pty Ltd, sought approval for a certified agreement under the Fair Work Act 2009. The dispute centred around the application for the BMC Welding & Construction Pty Ltd AMWU Certified Agreement for Yallourn Power Station and Open Cut Mine Victoria, 2013. The application was opposed by the Australian Building and Construction Commission. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the certified agreement should be approved under section 234 of the Fair Work Act 2009. The Commission had to determine if the agreement met the criteria for approval, including whether it contained genuine and independent agreement terms and if it was in the best interests of the employees. Additionally, the Commission had to consider if the agreement complied with the provisions of the Fair Work Act, including provisions related to good faith bargaining, and whether the agreement adequately protected employees' rights and interests.

The Fair Work Commission assessed the application and found that the certified agreement was the result of genuine and independent agreement between the employer and the Australian Manufacturing Workers' Union. The Commission concluded that the agreement was in the best interests of the employees, providing them with fair and reasonable terms of employment. The Commission noted that the agreement included provisions for wages, hours of work, and other employment conditions that were fair and reasonable. The Commission also found that the agreement complied with the Fair Work Act, including provisions related to good faith bargaining, and that the agreement adequately protected employees' rights and interests. Therefore, the Commission approved the application for the certified agreement.

In summary, the Fair Work Commission approved the application for the BMC Welding & Construction Pty Ltd AMWU Certified Agreement for Yallourn Power Station and Open Cut Mine Victoria, 2013. The Commission found that the certified agreement was the result of genuine and independent agreement between the employer and the union, and that it was in the best interests of the employees. The Commission also found that the agreement complied with the Fair Work Act and adequately protected employees' rights and interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established