DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMD Constructions Pty Ltd
(AG2016/7638)

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

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 3 FEBRUARY 2017

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

[1] An application has been made for approval of a greenfields agreement known as the BMD Constructions Pty Ltd Princes Highway West - Armytage to Warncourt Enterprise Agreement 2016 (Agreement). The application was made by BMD Constructions Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of BMD Constructions Pty Ltd, the applicant sought approval of the Enterprise Agreement between the company and the Warncourt Enterprise Agreement 2016. The dispute was brought before the Fair Work Commission. The primary issue before the court was whether the agreement met the requirements set forth in the Fair Work Act 2009 for it to be approved. Specifically, the court had to determine whether the agreement was made in good faith, whether it was genuinely negotiated, and whether it complied with the procedural requirements.

The court examined the process through which the agreement was negotiated and concluded that the applicant had acted in good faith and genuinely negotiated the agreement. The court found that the agreement was not procedurally defective and that all procedural requirements were satisfied. The court also considered the content of the agreement and concluded that it was fair and reasonable, meeting the standards required by the Fair Work Act.

The court approved the agreement, finding that it complied with all relevant requirements. The applicant was granted the approval it sought, and the agreement was registered with the Fair Work Commission. The decision confirmed the validity of the agreement and provided certainty to the parties involved. The court's decision was final and binding, and no further action could be taken to challenge the approval of the agreement.

BMD Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established