Bmd Constructions Pty Ltd

[2025] FWCA 3483

[2025] FWCA 3483

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bmd Constructions Pty Ltd

(AG2025/3206)

BMD CONSTRUCTIONS PTY LTD & THE AUSTRALIAN WORKERS’ UNION MAJOR PROJECTS AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER FOX	MELBOURNE, 17 OCTOBER 2025

Application for approval of the BMD Constructions Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025.

1. An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Cth) (the Act). It has been made by BMD Constructions Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

1. The Australian Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 24 October 2025. The nominal expiry date of the Agreement is 28 February 2029.

Section 218A Variation

1. The Agreement references apprentices at clause 55.5. The Employer submitted that the Agreement does not intend to cover apprentices, and that the reference to apprentices at clause 55.5 of the Agreement was a minor administrative error.

1. In correspondence, I advised the parties that I would amend the relevant clause of the Agreement pursuant to s.218A of the Act as I considered it to be an ‘obvious error’. Parties were given the opportunity to raise any objections to this course of action, and no objections were received by the Commission.

Order 

1. I order, pursuant to s.218A of the Act, that the Agreement be varied to correct an obvious error as follows:

A.    The reference to ‘apprentice’ at clause 55.5 of the Agreement is removed.

B.     The variation will operate from 24 October 2025.

COMMISSIONER

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