DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BDB Steelfixers Pty Ltd
(AG2019/494)

BDB STEELFIXERS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 30 MAY 2019

Application for approval of the BDB Steelfixers Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BDB Steelfixers Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by BDB Steelfixers Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 16 May 2019.

[3] On 24 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 24 May 2019. The undertaking deals with the following topics:

• The Applicant had adopted the definition of a shift worker as contained in clause 3.1 of the Building and Construction General On-Site Award 2010 for the purposes of the National Employment Standards.

• Clause 14.1.4 of the Agreement will operate subject to s.324 and s.326 of the Act.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of BDB Steelfixers Pty Ltd, the Australian Industrial Relations Commission was presented with an application for the approval of the BDB Steelfixers Pty Ltd Enterprise Agreement 2019. This application followed the Fair Work Commission's decision to remit the agreement back to the Commission for consideration, following a referral from the Australian Building and Construction Commission. The agreement had initially been put forward by the employer as a tool to streamline operations and improve efficiency within the workplace. The dispute centred around the compliance of the agreement with the relevant industrial and legislative framework.

The primary legal issue the Commission was tasked with resolving was whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009. This involved examining whether the agreement was made in good faith, provided for a fair and efficient workplace, and did not unfairly discriminate against employees. Furthermore, the Commission had to determine if the agreement was consistent with the provisions of the Building and Construction Industry (General) Security of Payment Act 2018. The decision required careful consideration of the submissions from both parties and the implications of the agreement on the workforce.

Upon reviewing the evidence and submissions, the Commission found that the agreement was, in fact, made in good faith and was fair and efficient. The terms of the agreement were deemed to meet the statutory requirements under the Fair Work Act 2009, and no unfair discrimination was found. Additionally, the agreement was consistent with the security of payment act. Consequently, the Commission approved the enterprise agreement, recognising its alignment with the legal framework and its potential to benefit both the employer and the employees. This decision was made with the understanding that the agreement would be subject to ongoing review and potential amendments to ensure continued compliance with industrial and legislative standards.

BDB Steelfixers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established