DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMD Constructions Pty Ltd
(AG2020/671)

BMD CONSTRUCTIONS PTY LTD NEW SOUTH WALES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 30 APRIL 2020

Application for approval of the BMD Constructions Pty Ltd New South Wales Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the BMD Constructions Pty Ltd New South Wales Enterprise Agreement 2020 (‘the Agreement’). The application was made by BMD Constructions Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BMD Constructions Pty Ltd sought approval for its New South Wales Enterprise Agreement 2020, which was submitted to the Fair Work Commission. The dispute centred on whether the agreement complied with the relevant industrial relations laws and whether it adequately represented the interests of the employees. The Fair Work Commission was tasked with determining the application for approval of the agreement.

The legal issues before the Commission involved whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions related to the bargaining process, the content of the agreement, and the fairness of its terms. Key concerns included whether the agreement was genuinely negotiated, free from coercion, and whether it provided fair and reasonable terms for the employees. The Commission also had to assess if the agreement adequately covered all mandated topics and if it complied with minimum standards set by the Act.

In its decision, the Fair Work Commission examined the evidence provided by both the employer and the employees' representatives. The Commission found that the agreement had been genuinely negotiated, free from any improper influence or coercion. It concluded that the terms of the agreement were fair and reasonable, taking into account the economic and social context. The Commission determined that the agreement met all statutory requirements and provided adequate coverage of mandated topics, including pay rates, hours of work, and other employment conditions. Consequently, the Commission approved the application for the BMD Constructions Pty Ltd New South Wales Enterprise Agreement 2020.

The final orders of the Fair Work Commission approved the New South Wales Enterprise Agreement 2020 for BMD Constructions Pty Ltd, effective from the date of the decision. The Commission mandated that the agreement be applied to all employees covered by it, and it directed that the employer implement the terms in accordance with the approved agreement.

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