DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMD Constructions Pty Ltd
(AG2018/3160)

BDM CONSTRUCTIONS PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JANUARY 2019

Application for approval of the BMD Constructions Pty Ltd Western Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd Western Australia Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BMD Constructions Pty Ltd. 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 14 January 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, BMD Constructions Pty Ltd was the subject of an application for approval of the BMD Constructions Pty Ltd Western Australia Enterprise Agreement 2018. The dispute involved the company's employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The core of the disagreement centred on whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009, specifically focusing on its compliance with the "better off overall test" (BOOT).

The primary legal issues before the Commission were whether the proposed agreement provided employees with a BOOT in comparison to the applicable awards and whether it contained the necessary protections and entitlements required by law. The Commission had to assess if the agreement provided fair and reasonable terms, taking into account the economic circumstances of the parties and the broader labour market context.

After thorough consideration, the Commission concluded that the agreement did indeed meet the BOOT, as it offered employees better pay and conditions compared to the existing awards. The Commission found that the agreement provided adequate protections and entitlements, thereby meeting the statutory requirements. Consequently, the application for approval was successful. The Commission's decision was grounded in its determination that the agreement was fair and reasonable, taking into account the economic circumstances of the parties and the broader labour market context. The Fair Work Commission approved the BMD Constructions Pty Ltd Western Australia Enterprise Agreement 2018.

BMD Constructions 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