DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMD Constructions Pty Ltd
(AG2018/7198)

BMD CONSTRUCTIONS PTY LTD QUEENSLAND AND NORTHERN TERRITORY ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JULY 2019

Application for approval of the BMD Constructions Pty Ltd Queensland and Northern Territory Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd Queensland and Northern Territory Enterprise Agreement 2018 (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 is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BMD Constructions Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was made under the Fair Work Act 2009, and the agreement in question was the BMD Constructions Pty Ltd Queensland and Northern Territory Enterprise Agreement 2018. The dispute arose from objections to the agreement by several unions, which were not parties to the agreement. The unions argued that the agreement did not provide adequate protections for employees, particularly in relation to working conditions and pay rates.

The legal issues before the court centred on whether the enterprise agreement met the statutory requirements under the Fair Work Act. Key points of contention included whether the agreement was made in good faith and whether it provided a safety net of minimum entitlements for employees. The unions argued that the agreement failed to provide adequate protections for employees in terms of working conditions, overtime, and penalty rates. The court had to determine whether these objections were valid and whether the agreement should be approved.

The court considered the arguments from both BMD Constructions Pty Ltd and the unions. It examined the content of the agreement and the process by which it was negotiated and agreed upon. The court also assessed whether the agreement met the statutory requirements for approval, including the necessity of good faith bargaining and the provision of a safety net of minimum entitlements. Ultimately, the court found that the agreement was made in good faith and provided adequate protections for employees. Consequently, the application for approval was granted.

The final orders of the court approved the BMD Constructions Pty Ltd Queensland and Northern Territory Enterprise Agreement 2018, confirming its validity and applicability. The court's decision acknowledged the concerns raised by the unions but concluded that the agreement met the statutory requirements for approval under the Fair Work Act.

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