DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMD Constructions Pty Ltd
(AG2015/6127)

BMD CONSTRUCTIONS PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 19 NOVEMBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd Western Australia 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 Agreement was approved on 19 November 2015 and, in accordance with s.54, will operate from 26 November 2015. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved a request for the Fair Work Commission to approve the BMD Constructions Pty Ltd Western Australia Enterprise Agreement 2015. The primary parties involved were BMD Constructions Pty Ltd, an employer, and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions set out in the proposed enterprise agreement, which was intended to govern the employment relationship between the employer and its workforce. The case was heard in the Fair Work Commission, which has jurisdiction over matters related to enterprise agreements and industrial relations in Australia.

The legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith. The Commission needed to assess whether the agreement contained all the mandatory terms prescribed by the Act, and if it had been made without any coercion or undue influence on the part of the employer. Additionally, the Commission had to consider if the agreement promoted the objects of the Act, such as facilitating high levels of employment, productivity, and harmonious workplace relations.

In examining these issues, the Commission considered the submissions from both parties and the evidence presented. The Commission determined that the agreement met all the statutory requirements and was made in good faith. The proposed agreement contained all the mandatory terms, and there was no evidence of coercion or undue influence. The Commission was satisfied that the agreement promoted the objects of the Act, including facilitating high levels of employment and productivity, and fostering harmonious workplace relations. Therefore, the Commission approved the BMD Constructions Pty Ltd Western Australia Enterprise Agreement 2015.

The Fair Work Commission approved the BMD Constructions Pty Ltd Western Australia Enterprise Agreement 2015, finding it to be compliant with the Fair Work Act 2009 and made in good faith. The agreement was deemed to meet all the statutory requirements and to promote the objects of the Act, including high levels of employment, productivity, and harmonious workplace relations.

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