DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B.M.J.D Pty Ltd as trustee for the B.M.J.D Family Trust T/A Infra Civil
(AG2019/1379)

B.M.J.D PTY LTD AS TRUSTEE FOR THE B.M.J.D FAMILY TRUST ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 AUGUST 2019

Application for approval of the B.M.J.D Pty Ltd as trustee for the B.M.J.D Family Trust Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the B.M.J.D Pty Ltd as trustee for the B.M.J.D Family Trust Enterprise Agreement 2019-2023 (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.J.D Pty Ltd as trustee for the B.M.J.D Family Trust T/A Infra Civil. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 13 August 2019 and, in accordance with s.54, will operate from 20 August 2019. The nominal expiry date of the Agreement is 12 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved B.M.J.D Pty Ltd, acting as trustee for the B.M.J.D Family Trust, which sought approval for the Enterprise Agreement 2019-2023. The dispute was heard in the Fair Work Commission. The primary issue before the court was whether the proposed enterprise agreement met the legal standards and requirements set forth in the Fair Work Act 2009. Specifically, the court had to determine if the agreement was a genuine enterprise agreement, whether it provided for the appropriate minimum entitlements, and if it had been fairly negotiated. Additionally, the court needed to ascertain if the agreement complied with the provisions concerning the registration of new agreements and if it adhered to the procedural fairness requirements.

The Fair Work Commission carefully reviewed the evidence and submissions presented by both parties. The Commission examined the process by which the agreement was negotiated, the fairness of the terms, and whether the agreement met the criteria for approval under the Fair Work Act. The court found that the agreement was genuinely negotiated and that it provided for the appropriate minimum entitlements. The Commission also concluded that the agreement had been fairly negotiated and that it complied with the procedural fairness requirements. The court emphasised the importance of the negotiation process and the need for agreements to meet the statutory standards.

Based on the evidence and submissions, the Fair Work Commission approved the Enterprise Agreement 2019-2023. The court found that the agreement was genuine, provided for the required minimum entitlements, and was fairly negotiated. The Commission highlighted the importance of the negotiation process and the need for compliance with the statutory requirements. The approval of the agreement was contingent upon its registration with the Fair Work Commission. The court's decision ensured that the enterprise agreement would be binding and enforceable, providing a clear framework for the employment relationship between the parties.

B.M.J.D Pty Ltd as trustee for the B.M.J.D Family Trust T/A Infra Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established