BMD Constructions Pty Ltd

[2022] FWCA 399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMD Constructions Pty Ltd
(AG2021/9270)

BMD CONSTRUCTIONS PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 8 FEBRUARY 2022

Application for approval of the BMD Constructions Pty Ltd Western Australia Enterprise Agreement 2022.

[1] An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd Western Australia Enterprise Agreement 2022 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2022. The nominal expiry date of the Agreement is 31 December 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of BMD Constructions Pty Ltd, the Fair Work Commission was asked to consider an application for approval of the Western Australia Enterprise Agreement 2022. The applicant, BMD Constructions Pty Ltd, sought the commission's approval of the proposed agreement, which would govern the employment terms of its workers in Western Australia. The dispute centred around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of its procedural fairness and the rights it afforded to the employees.

The legal issues before the commission included whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act, and whether the agreement provided for minimum entitlements that complied with the safety net of the National Employment Standards and the modern awards. Additionally, the commission had to assess whether the agreement allowed for appropriate employee representation and consultation during its negotiation.

In reaching its decision, the commission considered the evidence presented regarding the negotiation process, the extent of employee consultation, and the content of the agreement itself. The commission noted that the agreement was negotiated in good faith and that employees had been adequately represented and consulted during the process. It was also found that the agreement provided for terms and conditions that were not less favourable than the applicable modern awards and the National Employment Standards. Accordingly, the commission determined that the application should be approved, as the agreement met the statutory requirements under the Fair Work Act.

The commission approved the BMD Constructions Pty Ltd Western Australia Enterprise Agreement 2022, effective from the date of the decision. The agreement, which sets out the terms and conditions of employment for the relevant employees, will now be binding on the parties and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established