B.M.D. Constructions Pty. Limited T/A B.M.D. Constructions Pty. Limited
[2023] FWCA 686
•2 MARCH 2023
| [2023] FWCA 686 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
B.M.D. Constructions Pty. Limited T/A B.M.D. Constructions Pty. Limited
(AG2023/386)
BMD Constructions Pty Ltd ACT Enterprise Agreement 2023
| Building, metal and civil construction industries | |
| COMMISSIONER CIRKOVIC | MELBOURNE, 2 MARCH 2023 |
Application for approval of the BMD Constructions Pty Ltd ACT Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd ACT Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B.M.D. Constructions Pty. Limited T/A B.M.D. Constructions Pty. Limited. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement was approved on 2 March 2023 and, in accordance with s.54, will operate from 9 March 2023. The nominal expiry date of the Agreement is 30 September 2026.
COMMISSIONER
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