DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMD Constructions Pty Ltd
(AG2015/6932)

BMD CONSTRUCTIONS PTY LTD ACT ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd ACT Enterprise Agreement 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 16 December 2015 and, in accordance with s.54, will operate from 23 December 2015. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

BMD Constructions Pty Ltd recently appeared before the Fair Work Commission in a matter concerning the approval of the BMD Constructions Pty Ltd ACT Enterprise Agreement 2015. The dispute arose from a negotiation process that led to the proposed agreement, which the company sought to have approved by the Commission. The nature of the dispute involved various terms and conditions of employment, including wages, working hours, and other employment-related matters stipulated within the agreement.

The central legal issues the court had to address were whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the procedural fairness of the negotiation process, and if the terms of the agreement were in compliance with the provisions of the Act, ensuring they did not adversely affect employees' rights and entitlements. The court also had to consider if the agreement provided for minimum standards of wages and conditions as mandated by the Act.

In its reasoning, the Commission examined the negotiation process and found it to be procedurally fair, as the company had engaged in good faith bargaining with the relevant employee representatives. The court further assessed the terms of the proposed agreement and confirmed that they adhered to the minimum standards set by the Fair Work Act, including provisions on wages, leave entitlements, and other employment conditions. After careful consideration, the Commission determined that the agreement did not negatively impact the employees' rights and was in line with the statutory requirements. Consequently, the application for approval was successful, and the BMD Constructions Pty Ltd ACT Enterprise Agreement 2015 was approved.

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