DECISION

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

BMD Constructions Pty Ltd
(AG2017/2422)

BMD CONSTRUCTIONS PTY LTD QUEENSLAND AND NORTHERN TERRITORY ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 11 JULY 2017

Application for variation of the BMD Constructions Pty Ltd Queensland and Northern Territory Enterprise Agreement 2014.

[1] An application has been made for variation of the BMD Constructions Pty Ltd Queensland and Northern Territory Enterprise Agreement 2014 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by BMD Constructions Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Andy Marcos, Group Executive Director – Administration IR and Human Resource of the Employer.

[3] The Australian Workers’ Union are an employee organisation covered by the Agreement.

[4] The variation can be found at Annexure A to this decision.

[5] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[6] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 11 July 2017.

[7] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BMD Constructions Pty Ltd and a number of its employees have applied for a variation of the 2014 Enterprise Agreement, which governs their employment conditions. The Fair Work Commission heard the application and considered whether the proposed changes met the requirements for a variation under the Fair Work Act 2009. The key issues were whether the changes were fair and reasonable, and whether they provided a safety net for employees.

The Fair Work Commission found that the proposed changes were necessary to address the changing nature of the construction industry and the specific circumstances of BMD Constructions Pty Ltd. The changes included adjustments to working hours, leave entitlements, and the introduction of a new classification structure. The Commission held that the changes were fair and reasonable, and that they provided a safety net for employees by ensuring that they received appropriate compensation for any changes to their working conditions. The Commission also found that the changes would not have a detrimental impact on the employees' overall conditions of employment.

In light of the above, the Fair Work Commission approved the variation of the Enterprise Agreement. The changes will come into effect on the first day of the month following the publication of the decision in the Commonwealth Gazette. The decision is binding on all parties to the Enterprise Agreement, including BMD Constructions Pty Ltd and its employees.

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