BMD Constructions Pty Ltd

[2014] FWCA 220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMD Constructions Pty Ltd
(AG2013/12115)

BMD CONSTRUCTIONS PTY LTD VICTORIA ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 9 JANUARY 2014

Application for approval of the BMD Constructions Pty Ltd Victoria Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd Victoria Enterprise Agreement 2013 (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.

[3] The Australian Workers’ Union, 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 was approved on 9 January 2014 and, in accordance with s.54, will operate from 16 January 2014. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BMD Constructions Pty Ltd applied for approval of the BMD Constructions Pty Ltd Victoria Enterprise Agreement 2013. The applicant, a construction company, and the respondent, a union representing its employees, had entered into the agreement, which set out terms and conditions of employment for certain workers. The Fair Work Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009. The union argued that the agreement did not meet the requirements for approval, claiming that certain provisions were not genuinely agreed to by the parties and that the agreement did not comply with the provisions of the Act relating to the protection of employees' rights.

The legal issues before the Commission were whether the agreement was genuinely negotiated and whether it complied with the provisions of the Act relating to the protection of employees' rights. The Commission considered the evidence and submissions from both parties and found that the agreement had been genuinely negotiated and met the requirements of the Act. The Commission was satisfied that the parties had negotiated the agreement in good faith and that the agreement reflected the terms and conditions that the parties had agreed to. The Commission also found that the agreement complied with the provisions of the Act relating to the protection of employees' rights, including provisions relating to minimum wages and conditions, leave entitlements, and dispute resolution.

The Commission approved the BMD Constructions Pty Ltd Victoria Enterprise Agreement 2013, finding that it met the requirements of the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement and that it reflected the genuine negotiations between the parties. The Commission also noted that the agreement provided for appropriate mechanisms for the resolution of disputes between the parties. The Commission considered that the agreement was in the best interests of the employees and the employer and would promote harmonious, productive and cooperative workplace relations. The Fair Work Commission approved the BMD Constructions Pty Ltd Victoria Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established