BDP Bricklaying Pty Ltd

[2013] FWCA 1786

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BDP Bricklaying Pty Ltd
(AG2013/467)

BDP BRICKLAYING PTY LTD ENTERPRISE AGREMENT 2013-3017

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 21 MARCH 2013

Application for approval of the BDP Bricklaying Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the BDP Bricklaying Pty Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BDP Bricklaying Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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, 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 20 March 2013 and, in accordance with s.54, will operate from 27 March 2013. The nominal expiry date of the Agreement is 1 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE400426 PR535065>
ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, BDP Bricklaying Pty Ltd applied for the approval of an enterprise agreement. The enterprise agreement in question was the BDP Bricklaying Pty Ltd Enterprise Agreement 2013-2017, and the dispute arose from the company's attempt to have the agreement recognised under the Fair Work Act 2009. The applicants, BDP Bricklaying Pty Ltd, sought to have the agreement approved as a registered enterprise agreement, which would mean that it would be binding on all employees covered by the agreement.

The legal issues before the Commission were whether the agreement complied with the formal requirements for registration under the Fair Work Act 2009, and whether it met the good faith bargaining test. The Commission had to determine whether the agreement was made in good faith, whether it contained the minimum terms and conditions of employment, and whether it was appropriately certified by an independent certifier. The Commission also had to consider whether the agreement was likely to have a significant impact on the industrial relations system.

The Commission found that the agreement was made in good faith, contained the minimum terms and conditions of employment, and was appropriately certified. The Commission was satisfied that the agreement met the formal requirements for registration under the Fair Work Act 2009, and that it was likely to have a positive impact on the industrial relations system. The Commission approved the BDP Bricklaying Pty Ltd Enterprise Agreement 2013-2017 as a registered enterprise agreement.

The Fair Work Commission approved the BDP Bricklaying Pty Ltd Enterprise Agreement 2013-2017 as a registered enterprise agreement. The agreement will now be binding on all employees covered by the agreement, and will remain in effect until it is replaced by a new agreement or terminated in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established