DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BDH Construction Pty Ltd T/A BDH Constructions
(AG2018/4860)

BDH CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 25 JANUARY 2019

Application for approval of the BDH Construction Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BDH Construction Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BDH Construction Pty Ltd T/A BDH Constructions. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 24 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court was an application for the approval of the BDH Construction Pty Ltd Enterprise Agreement 2017. The applicant, BDH Construction Pty Ltd, sought to have the agreement, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union, ratified by the Fair Work Commission. The primary dispute centred on whether the agreement complied with the relevant legislative framework and if it was made in accordance with the requirements of the Fair Work Act 2009.

The legal issues for the court's determination included whether the agreement contained the necessary terms and conditions for the employees' employment, whether it adhered to the procedural fairness and good faith obligations under the Fair Work Act, and if the agreement was truly representative of the workforce. Furthermore, the court needed to consider if the agreement met the standards of procedural fairness, including whether proper consultation and negotiation processes had been followed.

The court examined the evidence and submissions from both parties and found that the agreement was made in good faith and followed the necessary procedural steps. The court held that the agreement was comprehensive and included all mandatory terms required by the Fair Work Act. The court also determined that the negotiation process was fair and that the agreement was representative of the employees. Consequently, the court approved the BDH Construction Pty Ltd Enterprise Agreement 2017, finding it to be compliant with the relevant legislation and meeting the standards of procedural fairness.

BDH Construction Pty Ltd T/A BDH Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established