BMC Welding & Construction Pty Ltd

[2020] FWCA 5184

[2020] FWCA 5184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMC Welding & Construction Pty Ltd
(AG2020/2652)

BMC WELDING & CONSTRUCTION PTY LTD GAS PLANT MECHANICAL MAINTENANCE SERVICES AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 28 SEPTEMBER 2020

Application for approval of the BMC WELDING & CONSTRUCTION PTY LTD GAS PLANT Mechanical Maintenance SERVICES Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the BMC WELDING & CONSTRUCTION PTY LTD GAS PLANT Mechanical Maintenance SERVICES 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 BMC Welding & Construction Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and in accordance with s.54, will operate from 5 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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