DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMD Constructions Pty Ltd
(AG2018/6785)

BMD CONSTRUCTIONS PTY LTD ACT ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 MAY 2019

Application for approval of the BMD Constructions Pty Ltd ACT Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd ACT 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 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 the BMD Constructions Pty Ltd ACT Enterprise Agreement 2018. The applicant is an employer in the building and construction industry in the ACT. The dispute centres around whether the agreement meets the requirements of the Fair Work Act 2009 for enterprise agreements to be approved. The Commission was required to determine whether the agreement contained the necessary good faith elements, provided for appropriate minimum terms and conditions, and was free from prohibited content.

The Commission assessed the agreement against the legislative criteria for enterprise agreements. It examined whether the agreement demonstrated good faith bargaining, contained minimum terms and conditions as required by the Act, and did not include prohibited content such as discrimination or unfair dismissal provisions. The Commission also considered submissions from the parties and relevant stakeholders. The key issues were whether the agreement provided adequate protections for employees and whether it met the requirements for good faith bargaining and minimum terms.

The Commission found that the agreement demonstrated good faith bargaining and contained the necessary minimum terms and conditions. It was free from prohibited content and provided appropriate protections for employees. The Commission approved the agreement, finding it met all the requirements of the Fair Work Act 2009. The Commission's decision was based on the evidence presented and the criteria set out in the legislation.

The Fair Work Commission approved the BMD Constructions Pty Ltd ACT Enterprise Agreement 2018. The Commission found the agreement met the requirements for good faith bargaining, contained the necessary minimum terms and conditions, and did not include prohibited content. The decision provides certainty for both the employer and employees in relation to the terms of employment covered by the 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