BMD Constructions Pty Ltd

[2014] FWCA 5263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BMD Constructions Pty Ltd
(AG2014/1766)

BMD CONSTRUCTIONS PTY LTD NEW SOUTH WALES ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 5 AUGUST 2014

Application for approval of the BMD Constructions Pty Ltd New South Wales Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd New South Wales Enterprise Agreement 2014. (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 September 2016

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, BMD Constructions Pty Ltd, sought approval of the New South Wales Enterprise Agreement 2014. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission (FWC) was tasked with determining whether the agreement was a genuine enterprise agreement under section 172 of the Act.

The legal issues centred on whether the agreement was fairly made and if it contained the necessary minimum terms as prescribed by the Act. The CFMEU contested the fairness of the agreement, claiming that it was not made in good faith and that it did not adequately protect employees' rights. BMD Constructions Pty Ltd defended the agreement, asserting that it had been negotiated in good faith and that it met all statutory requirements.

The FWC examined the negotiation process and the terms of the agreement. It found that the agreement was indeed made in good faith and that it contained all the necessary minimum terms. The FWC determined that the process of negotiation was transparent and that the agreement had been appropriately communicated to the employees. Consequently, the FWC approved the agreement, ruling that it was a genuine enterprise agreement under the Act.

The FWC granted the application for approval of the BMD Constructions Pty Ltd New South Wales Enterprise Agreement 2014. The CFMEU's objections were dismissed, and the agreement was deemed to comply with all statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established