Bmd Constructions Pty Ltd

[2025] FWCA 3183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bmd Constructions Pty Ltd

(AG2025/3096)

BMD CONSTRUCTIONS PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 22 SEPTEMBER 2025

Application for approval of the BMD Constructions Pty Ltd Western Australia Enterprise Agreement 2025

Bmd Constructions Pty Ltd (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the BMD Constructions Pty Ltd Western Australia Enterprise Agreement 2025 (the Agreement).

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 29 September 2025. The nominal expiry date of the Agreement is 22 September 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

BMD Constructions Pty Ltd sought approval of the proposed Western Australia Enterprise Agreement 2025 from the Fair Work Commission. The applicant, a medium-sized construction company, argued that the proposed agreement was a fair and reasonable basis for a workplace agreement. The dispute centred around specific clauses relating to wages, hours of work, and the classification of employees. The Fair Work Commission, being the body responsible for approving enterprise agreements under the Fair Work Act 2009, had to determine if the proposed agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to assess whether the agreement was made in good faith and whether the requirements for employee consultation were met.

The primary legal issues for the Commission were whether the proposed agreement contained terms that were fair and reasonable, and whether the necessary consultation processes had been adhered to. The applicant argued that the terms of the agreement were fair and reasonable, having been negotiated in good faith with appropriate consultation with the employees. The Commission needed to examine the specific terms of the agreement, including those related to wages and conditions, to ensure they met the statutory requirements for fairness and reasonableness. Additionally, the Commission had to verify that the applicant had complied with the procedural obligations of the Fair Work Act, such as the provision of relevant information to employees and the opportunity for meaningful consultation.

In evaluating the proposed agreement, the Commission considered the terms and conditions proposed by BMD Constructions Pty Ltd and the evidence presented regarding the consultation process. The Commission determined that the terms of the agreement were fair and reasonable, providing for a balanced and equitable set of workplace conditions. The applicant had demonstrated compliance with the procedural obligations, including adequate consultation with employees. The Commission was satisfied that the agreement met the necessary criteria for approval and was made in good faith. The Commission approved the Western Australia Enterprise Agreement 2025, endorsing it as a fair and reasonable basis for a workplace agreement.

The Fair Work Commission approved the Western Australia Enterprise Agreement 2025, finding it to be a fair and reasonable basis for a workplace agreement. The Commission's decision recognised the negotiated terms as equitable and confirmed the applicant's compliance with the statutory consultation requirements. The approval of the agreement was a necessary step for BMD Constructions Pty Ltd to implement the agreed terms and conditions for its employees in Western Australia.

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Legal Principle Established