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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BMD Constructions Pty Ltd applied for a variation to the BMD Constructions Pty Ltd LXRA Projects (Melton Highway and Thompsons Road) Enterprise Agreement 2017. The application was made under section 234 of the Fair Work Act 2009. The primary dispute centred on several aspects of the enterprise agreement, including wage rates, shift patterns, and conditions related to the construction of the Melton Highway and Thompsons Road projects.

The central legal issues before the Commission were whether the proposed changes to the enterprise agreement met the criteria for an order under section 234 of the Fair Work Act. This included determining if the changes were necessary to achieve a fair and efficient workplace, if they were in the best interest of the employees, and if they addressed genuine workplace issues that could not be resolved through existing dispute resolution mechanisms. The Commission also had to consider the impact of the proposed changes on the employees' terms and conditions of employment.

The Commission assessed the application in detail, taking into account submissions from both BMD Constructions and the relevant unions. The analysis included an examination of the proposed changes against the legislative criteria, the potential benefits to the workplace, and the views of the employees. The Commission concluded that the proposed changes were necessary to ensure a fair and efficient workplace and in the best interests of the employees. The changes addressed genuine workplace issues and could not be resolved through existing dispute resolution mechanisms. Therefore, the Commission varied the enterprise agreement as requested by BMD Constructions. The final orders included specific amendments to wage rates, shift patterns, and other conditions as outlined in the application.

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