Application by BGC Contracting Pty Ltd [2017] FWC 852 (28 February 2017)

(#P83_7255) Exhibit B1, Witness Statement of Tariro Ruwiza at [11].

(#P86_7993) Ibid.

(#P89_8551) CFMEU Closing Submissions dated 4 November 2011 at [8].

(#P92_8929) Exhibit B1 at [12].

(#P95_9073) Ibid

(#P96_9185) Exhibit A1, Witness Statement of Gary Wood at [9]-[10], [14]-[15] & Attachment C, Exhibit B1 at [12].

(#P99_9492) Applicant's email response to the matters raised by the AWU in its Form F18, dated 30 August 2016.

(#P102_9904) Exhibit B1 at [31].

(#P112_10383) Ibid at [42]-[44].

(#P113_10468) Ibid at [45]-[49].

(#P116_10643) Exhibit B14, Applicant's Outline of Submissions dated 8 September 2016 at [24].

(#P247_17691) Section 187(2) only applies where a scope order is in operation see Appeal by Philmac Pty Ltd [2011] FWAFB 2668. There is no scope order in operation in this Application.

(#P256_18372) Undertaking signed on behalf of BGC by Corrina Tolomei dated 25 August 2016.

(#P257_18507) Exhibit B14 at [10], [75], [86], [87].

(#P258_18737) Exhibit B17, CFMEU Mining and Energy Division Submissions and attached email dated 2 September 2016 with corrections at [86]-[87].

(#P283_21204) CFMEU Closing Submissions.

(#P290_21956) CFMEU Submissions in Reply dated 7 November 2016 at [7]-[8].

(#P301_22923) BGC Closing Submissions dated 4 November 2016 at [50].

(#P306_23626) Exhibit B14 at [24].

(#P309_23790) [2010] FWAFB 4602 at [43].

(#P310_24084) BGC Closing Submissions at [22]-[27].

(#P313_24579) National Tertiary Education Industry Union v University of New South Wales [2011] FWAFB 5163 at [24]-[25].

(#P316_25034) CFMEU Closing Submissions at [72].

(#P319_25463) Ibid at [69]-[75].

(#P322_25588) BGC Consolidated Bundle of Documents at page 6056.

(#P323_25721) Transcript at PN2628 - PN2629.

(#P326_26018) CFMEU v Sparta Mining Services Pty Ltd [2016] FWCFB 7057 at [22].

(#P327_26193) National Tertiary Education Industry Union v University of New South Wales [2011] FWAFB 5163 at [24] -[25].

(#P328_26378) CFMEU v Sparta Mining Services Pty Ltd [2016] FWCFB 7057 at [22].

(#P331_26612) Transcript PN2075.

(#P332_26838) Transcript PN265.

(#P343_28540) BGC Closing Submissions at [58].

(#P346_28862) CFMEU Closing Submissions at [61] and Exhibit B17 at [34]-[88].

(#P349_29063) CFMEU Closing Submissions at [61].

(#P384_31724) Ibid.

(#P401_33222) Exhibit B2.

(#P404_33460) Transcript at PN2613-PN2623.

(#P407_33536) Falcon Mining Pty Ltd [2016] FWC 5315.

(#P410_34445) Ibid at [160].

(#P413_34888) Exhibit B17 at [35].

(#P416_35251) Exhibit B2 at question 3.4.

(#P423_35694) Transcript PN2600-PN2601

(#P433_36895) Falcon Mining Pty Ltd [2016] FWC 5315 at [157].

(#P436_37014) Transcript PN2584.

(#P437_37164) Ibid at PN2585-PN2589.

(#P438_37228) Ibid at PN2590.

(#P463_39913) Exhibit B18, CFMEU Submissions, General Division, dated 2 September 2016 at [32]; AMWU Closing Submissions dated 5 November 2016 at [9] and CFEMU Closing Submissions at [11].

(#P468_40489) KCL Industries Pty Ltd [2016] FWCFB 3048 at [31].

(#P471_40751) KCL Industries Pty Ltd [2016] FWCFB 3048.

(#P478_41754) Ibid at [33].

(#P481_41909) CFMEU v AIRC [1999] FCA 847; 93 FCR 317 at [126].

(#P484_42354) KCL Industries Pty Ltd [2016] FWCFB 3048 at [36] -[37].

(#P487_43340) Ibid at [36].

(#P496_45068) Exhibit B1 at [19].

(#P499_45157) See for example A7, Witness Statement of Kym Swanbury at [9] and A3, Witness Statement of Scott Whitlock at [7].

(#P504_45682) A4, Witness Statement of Paul Bolitho at [11].

(#P507_45921) Transcript PN296.

(#P508_46380) Chronological Bundle of Documents 0657-0696.

(#P515_47693) BGC Closing Submissions at [16]-[18].

(#P520_48741) See for example Chronological Bundle of Documents at 0519- 0521.

(#P523_49351) BGC Submissions in Reply dated 7 November 2016 at [25] at [31].

(#P526_49920) Ibid at [33].

(#P535_51833) AMWU Closing Submissions at [9]; CFMEU Closing Submissions at [24].

(#P538_52050) Exhibit B1 at [12].

(#P539_52200) Exhibit A1 at [9]-[10], [14]-[15] & Attachment C; Exhibit B1 at [12].

(#P542_52458) BGC Submissions in Reply at [47]-[48].

(#P543_52668) Exhibit B5, Witness Statement of Greg Dark at [12]-[19].

(#P544_52881) Transcript PN212.

(#P561_54609) Exhibit A2, Further Witness Statement of Gary Wood at [12].

(#P568_55236) Exhibit B17 at [11].

(#P571_56187) Exhibit A2 at [15]-[18].

(#P580_57601) CFMEU Closing Submissions at [67]-[68].

(#P583_57820) Exhibit B18 at [10]-[13].

(#P600_59273) Exhibit B17 at [36] and CFMEU Submissions in Reply at [9].

(#P613_60920) Exhibit B17 at [43] - [47] and CFMEU Submissions in Reply at [9].

(#P620_61890) Exhibit B17 at [54] - [61] and AMWU Submissions in Reply at [9] CFMEU Submissions in Reply at [31].

(#P635_63329) Exhibit B17 at [54] - [61] and AMWU Submissions in Reply at [9] and CFMEU Submissions in Reply at [37].

(#P638_63896) BGC Closing Submissions at [221].

(#P643_64755) Exhibit B17 at [51] - [53] and CFMEU Closing Submissions at [30].

(#P646_65025) BGC Closing Submissions at [208]-[209].

(#P655_66862) Exhibit B18 at [14]-[31].

(#P658_67160) BGC Closing Submissions at [82].

(#P665_67616) Exhibit B18 at [18].

(#P668_68459) Sub-clause 18.2 and 12.2(b) of the Proposed Agreement and sub-clause 17.6 of the Mining Agreement.

(#P671_68791) BGC Closing Submissions at [85]-[86].

(#P676_69913) Chronological Bundle of Documents at 0322.

(#P683_70508) See too AMWU Closing Submissions at [9].

(#P686_70777) Exhibit B18 at [19].

(#P689_70920) BGC Closing Submissions at [87].

(#P706_72198) See for example Chronological Bundle of Documents at 0521.

(#P711_72483) Chronological Bundle of Documents at 0519-0550.

(#P729_74012) Exhibit B18 at [29].

(#P732_74183) BGG Closing Submissions at [91].

(#P747_75458) Exhibit B21, AMWU Submissions at [6].

(#P776_76918) BGC Closing Submissions at [103] and BGC Submissions in Reply at [7]-[12].

(#P779_77129) Central Queensland Services Pty Ltd T/A BHP Billiton Mitsubishi Alliance [2015] FWC 1554 at [65].

(#P782_77584) Central Queensland Services Pty Ltd T/A BHP Billiton Mitsubishi Alliance [2015] FWC 1554.

(#P787_78003) Ibid.

(#P792_78534) Transcript PN1452.

(#P797_78924) Ibid at PN1469-1478.

(#P800_79160) This is in direct contrast to the situation in Central Queensland Services Pty Ltd T/A BHP Billiton Mitsubishi Alliance [2015] FWC 1554 at [86] where Deputy President Asbury found that a conclusion that employees were threatened with loss of their jobs was not available on the evidence before her.

(#P809_81308) BGC Closing Submissions at [108].

(#P816_82345) Exhibit B21, at [6.2].

(#P819_82562) Appeal by Philmac Pty Ltd [2011] FWAFB 2668 at [4].

(#P842_84432) Exhibit B21, AMWU Submissions at [6.2] and Form F18 Statutory Declaration of Aaron Cartledge on behalf of the CFMEU in relation to an application for approval of an enterprise agreement.

(#P845_84996) Transcript PN1622-PN1625.

(#P848_85343) Ibid, Chronological Bundle of Documents at 0562.

(#P851_85692) Exhibit A13, Witness Statement of Scott Martin at [4]-[6].

(#P854_85981) Chronological Bundle of Documents at 0589.

(#P857_86358) BGC Closing Submissions at [36].

(#P860_86662) Ibid at [24].

(#P863_86921) Transcript PN1622-PN1625; Chronological Bundle of Documents at 0563.

(#P864_87144) Chronological Bundle of Documents at 0586.

(#P865_87268) See for example Chronological Bundle of Documents at 0590.

(#P868_87530) Transcript PN1627.

(#P869_87680) Chronological Bundle of Documents 0593.

(#P872_87893) Exhibit B21 at [6.2] and Form F18 Statutory Declaration of Aaron Cartledge on behalf of the CFMEU in relation to an application for approval of an enterprise agreement.

(#P875_88369) Exhibit A13 and A12, Form F18 Statutory Declaration of Scott Martin on behalf of the AWU in relation to an application for approval of an enterprise agreement.

(#P878_88711) BGC Closing Submissions at [25].

(#P879_88871) BGC Closing Submissions at [24].

(#P880_88983) Transcript PN1900-1903.

(#P883_89175) Ibid.

(#P888_90292) Transcript PN1438.

(#P889_90479) Ibid at PN1417.

(#P892_91297) Exhibit A8, Witness Statement of Ryan Wake at [79]-[83].

(#P895_91661) Ibid at [96].

(#P896_91900) Ibid at [140].

(#P899_92310) Ibid at [81]-[85].

(#P906_94108) Ibid

(#P911_94783) The Australian Meat Industry Employees Unon v Woolworths Limited [2009] FWA 849.

(#P912_95044) BGC Closing Submissions at [32]-[35].

(#P919_95616) The Australian Meat Industry Employees Unon v Woolworths Limited [2009] FWA 849 at [139].

(#P933_97661) Exhibit A9 was marked a confidential exhibit at the request of BGC. Therefore this decision does not contain the numerical outcomes of the agreement ballot. BGC have however relied on the evidence contained in Exhibit A9 in submissions which are not confidential asserting that the FWC should take into account the size of the majority which voted to approve the Proposed Agreement and it is in this context that this limited reference is made to the outcome of the ballot.

(#P940_99260) Exhibit B18 at [33] and Exhibit B21 at [4.3].

(#P1052_109152) Armacell Australia Pty Ltd [2010] FWAFB 9985; (2010) 202 IR 38 at [41].

(#P1055_109341) Aldi Foods Pty Ltd v Transport Workers Union of Australia (2012) 227 IR 120, 123-4.

(#P1060_109661) BGC Closing Submissions at [154].

(#P1063_110305) Exhibit B17 at [41]; Exhibit B18 at [42]; AMWU Closing Submissions and CFMEU Closing Submissions at [27]-[28]

(#P1066_110748) Exhibit B17 at [41].

(#P1077_112036) B14 at [75].

(#P1090_113727) B17 at [84.2] and Exhibit B18 at [44].

(#P1099_114873) CFMEU Closing Submissions at [89].

(#P1102_115088) Exhibit B18 at [44].

(#P1107_116266) Exhibit B14 at [72].

(#P1110_116583) Hart v Coles Supermarkets Australia Pty Ltd [2016] FWCFB 2887 at [18].

(#P1113_116847) BGC Closing Submissions at [170].

(#P1124_118190) CFMEU Closing Submissions at [88].

(#P1127_118412) Exhibit B19, CFMEU further submissions on BOOT at [1] and Exhibit B18 at [43.2] and [43.6].

(#P1132_119456) Exhibit B17 at [69]-[71].

(#P1135_119693) BGC Closing Submissions at [172]-[173].

(#P1138_120773) Exhibit B18 at [43.2]-[43.4].

(#P1145_121150) BGC Closing Submissions at [177].

(#P1150_121970) Exhibit B19 at [2].

(#P1155_122288) Duncan Hart v Coles Supermarket Australia Pty Ltd and Bi-Lo Pty Ltd t/a Coles and Bi-Lo [2016] FWCFB 2887 at [19]- [24].

(#P1160_122807) Exhibit B18 at [43.6].

(#P1163_123496) BGC Closing Submissions at [186].

(#P1168_124382) Exhibit B19 at [1].

(#P1171_124476) Undertaking signed on behalf of BGC by Corrina Tolomei dated 25 August 2016 at sub-clause (e) and (f).

(#P1180_125497) Exhibit B18 at [43.7].

(#P1183_126052) BGC Closing Submissions at [189].

(#P1188_126523) Exhibit B18 at [43.8]-[43.10].

(#P1189_126699) BGC Closing Submissions at [190].

(#P1192_127076) CFMEU Submissions in Reply at [36].

(#P1195_127481) BGC Closing Submissions at [218].

(#P1198_127807) Rose v Telstra Corporation Ltd (AIRC, Ross VP, 4 December 1998) Print Q9292 citing FC Shepherd & Co Ltd v Jerrom [1987] ICR 802.

(#P1201_128322) Duncan Hart v Coles Supermarket Australia Pty Ltd and Bi-Lo Pty Ltd t/a Coles and Bi-Lo [2016] FWCFB 2887 at [24].

(#P1204_128961) CFMEU Closing Submissions at [88] and Exhibit B18 at [43.5], [43.11], [43.13].

(#P1209_129926) BGC Closing Submissions at [192]-[193].

(#P1210_130301) Exhibit B18 at [43.5].

(#P1213_130708) Duncan Hart v Coles Supermarket Australia Pty Ltd and Bi-Lo Pty Ltd t/a Coles and Bi-Lo [2016] FWCFB 2887 at [19]- [24].

(#P1222_132219) CFMEU Closing Submissions at [88].

(#P1225_132423) Exhibit B17 at [48]-[49] and [72]-[75].

(#P1230_133141) BGC Closing Submissions at [207].

(#P1233_133876) Ibid at [195]

(#P1236_134259) at [218]

(#P1241_134948) Duncan Hart v Coles Supermarket Australia Pty Ltd and Bi-Lo Pty Ltd t/a Coles and Bi-Lo [2016] FWCFB 2887 at [24].

(#P1249_136522) Exhibit B17 at [72]-[75]; CFMEU Submissions in Reply at [34]-[35].

(#P1252_136715) BGC Closing Submissions at [216].

(#P1257_138343) Exhibit B17 at [62]-[65].

(#P1260_138764) CFMEU Submissions in Reply at [33].

(#P1263_139129) BGC Closing Submissions at [214].

(#P1266_139328) Duncan Hart v Coles Supermarket Australia Pty Ltd and Bi-Lo Pty Ltd t/a Coles and Bi-Lo [2016] FWCFB 2887 at [24].

(#P1269_140298) Exhibit B17 at [51]-[53].

(#P1272_140528) BGC Closing Submissions at [208]-[209].

(#P1283_142223) Ibid at [154]-[156].

(#P1286_142392) CFMEU Closing Submissions at [90]-[91] and Exhibit B17 at [83].

(#P1287_142478) Exhibit B17 at [83].

(#P1290_142655) Exhibit B18 at [38].

(#P1299_143580) CFMEU Closing Submissions at [93].

(#P1311_144082) Undertaking signed on behalf of BGC by Corrina Tolomei dated 25 August 2016; BGC Closing Submissions at [170]; Exhibit B14 at [75] and [86].

(#P1330_146050) Re AKN Pty Ltd t/a Aitken Crain Services [2015] FWCFB 1833 at [34].

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