BMD Constructions Pty Ltd

[2017] FWCA 2740

[2017] FWCA 2740

FAIR WORK COMMISSION

DECISION

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

BMD Constructions Pty Ltd
(AG2017/1668)

BMD CONSTRUCTIONS PTY LTD ACT ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 JUNE 2017

Application for variation of the BMD Constructions Pty Ltd ACT Enterprise Agreement 2015.

[1] An application has been made for variation of the BMD Constructions Pty Ltd ACT Enterprise Agreement 2015 (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 application was filed more than 14 days after the variation was made. However, pursuant to s.210(3)(b) of the Act, I consider that it is fair in all the circumstances to extend the time for filing to 12 May 2017.

[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 15 June 2017.

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

COMMISSIONER

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Annexure A