BMD Constructions Pty Ltd

[2018] FWCA 4299

[2018] FWCA 4299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

BMD Constructions Pty Ltd
(AG2018/991)

BMD CONSTRUCTIONS PTY LTD LXRA PROJECTS (MELTON HIGHWAY AND THOMPSONS ROAD) ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 JULY 2018

Application for variation of the BMD Constructions Pty Ltd LXRA Projects (Melton Highway and Thompsons Road) Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the BMD Constructions Pty Ltd LXRA Projects (Melton Highway and Thompsons Road) Enterprise Agreement 2017 (the Agreement). The application was made by BMD Constructions Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 5 July 2017. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 23 July 2018.

DEPUTY PRESIDENT

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