DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

BMD Constructions Pty Ltd
(AG2017/4269)

BMD CONSTRUCTIONS PTY LTD PRINCES HIGHWAY WEST - ARMYTAGE TO WARNCOORT ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2017

Application for variation of the BMD Constructions Pty Ltd Princes Highway West - Armytage to Warncoort Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the BMD Constructions Pty Ltd Princes Highway West – Armytage to Warncoort Enterprise Agreement 2016 (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] 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.

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

[6] In accordance with s.216 of the Act, the variation operates from 13 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BMD Constructions Pty Ltd applied to the Fair Work Commission for a variation of the BMD Constructions Pty Ltd Princes Highway West - Armytage to Warncoort Enterprise Agreement 2016. The application was made under section 236 of the Fair Work Act 2009. The applicant sought to implement changes to the work arrangements of its employees. The relevant union, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The union argued that the proposed changes were not in the best interests of the employees and that the application should be dismissed.

The legal issues before the Commission were whether the changes proposed by the applicant were in the best interests of the employees and whether the application should be approved under section 236 of the Fair Work Act 2009. The Commission considered the evidence and submissions from both parties and examined the terms of the existing enterprise agreement. The Commission found that the proposed changes would result in improved work arrangements for the employees and that the application was in the best interests of the employees. The Commission also found that the application met the requirements of section 236 of the Fair Work Act 2009.

The Commission approved the application for variation of the enterprise agreement. The variation will implement changes to the work arrangements of the employees, including changes to shift patterns, overtime entitlements, and leave provisions. The union's objection to the application was dismissed. The Commission noted that the changes proposed by the applicant would result in improved work arrangements for the employees and that the application was in the best interests of the employees. The Commission also found that the application met the requirements of section 236 of the Fair Work Act 2009.

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