DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMD Constructions Pty Ltd
(AG2017/2287)

BMD CONSTRUCTIONS PTY LTD NEW SOUTH WALES ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JULY 2017

Application for approval of the BMD Constructions Pty Ltd New South Wales Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd New South Wales Enterprise Agreement 2017 (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 Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2017. The nominal expiry date of the Agreement is 30 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BMD Constructions Pty Ltd applied to the Fair Work Commission for approval of the BMD Constructions Pty Ltd New South Wales Enterprise Agreement 2017. The applicant sought to have the agreement made under the Fair Work Act 2009. The applicant argued that the agreement contained provisions that were in the interests of the employees. The respondents argued that the agreement did not meet the requirements of the Fair Work Act.

The issues before the commission were whether the agreement contained provisions that were in the interests of the employees and whether the agreement complied with the Fair Work Act. The commission considered whether the agreement provided for a fair and equitable outcome for the employees and whether it complied with the relevant provisions of the Fair Work Act. The commission found that the agreement contained provisions that were in the interests of the employees and that the agreement complied with the Fair Work Act.

The commission approved the agreement, finding that it contained provisions that were in the interests of the employees and that it complied with the Fair Work Act. The commission found that the agreement provided for a fair and equitable outcome for the employees and that it complied with the relevant provisions of the Fair Work Act. The commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included the removal of certain provisions that were not in the interests of the 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