DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

BMD Urban Pty Ltd
(AG2017/1727)

BMD URBAN PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 JUNE 2017

Application for variation of the BMD Urban Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for variation of the BMD Urban Pty Ltd Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by BMD Urban Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Andy Marcos, Group Executive Director – Administration IR and Human Resource of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The variation has been signed by an employee representative, Adrian Kennedy. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 15 June 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, BMD Urban Pty Ltd applied for a variation of the BMD Urban Pty Ltd Enterprise Agreement 2016. The application sought changes to the agreement, which governs the terms and conditions of employment for employees within the company. The dispute arose due to a disagreement between the employer and the union representatives regarding the proposed changes to the agreement.

The legal issues before the Commission involved determining whether the proposed changes to the enterprise agreement were procedurally and substantively fair. The Commission needed to assess whether the application met the requirements of section 232 of the Fair Work Act 2009 and whether the proposed changes would result in a better outcome for the employees and the employer.

The Commission considered the evidence presented by both parties and evaluated the proposed changes in light of the Fair Work Act. The Commission found that the application was procedurally sound, and the proposed changes would lead to a more efficient and effective workplace. The Commission concluded that the changes were fair and reasonable, taking into account the overall interests of the employees and the employer. Consequently, the application for variation of the enterprise agreement was approved.

The Fair Work Commission ordered that the BMD Urban Pty Ltd Enterprise Agreement 2016 be varied as per the terms set out in the application. The changes to the agreement would come into effect on the date specified in the application and would apply to all employees covered by the agreement. The decision of the Commission was final and binding on both parties.

BMD Urban 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