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austlii:cth/FWCA/2022/4356
procedural. The BMD Constructions Pty Ltd Major Projects Agreement 2022 was approved and will operate from 19 December 2022 with a nominal expiry date of 28 February 2025.
The Fair Work Commission approved an enterprise agreement for BMD Constructions Pty Ltd. The agreement covers major projects and applies to a specific group of employees (not all employees). The Commission was satisfied that all legal requirements were met, including that the group of employees was fairly chosen. A minor paperwork error about the date employees were notified was corrected without issue. The Australian Workers' Union, which helped negotiate the agreement, is also covered by it. The agreement started on 19 December 2022 and expires on 28 February 2025.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
BMD Constructions Pty Ltd T/A BMD Constructions Pty Ltd
BMD CONSTRUCTIONS PTY LTD MAJOR PROJECTS ENTERPRISE AGREEMENT 2022
Application for approval of the BMD Constructions Pty Ltd Major Projects Agreement 2022
[1] An application has been made for approval of an enterprise agreement known as the BMD Constructions Pty Ltd Major Projects 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 T/A 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[3] The Form F17 lodged contained an error at question 17. The error stated that the notification time for the agreement was 5 May 2022. However, a copy of the email the Applicant sent out to its employees initiating the bargaining and providing the Notice of Employee Representational Rights was dated 20 May 2022.
[4] On 9 December 2022, the Applicant provided submissions correcting this error, stating both the notification time and the time the Applicant provided its employees with the NERR was 20 May 2022. I am satisfied that this was a minor error and that employees were not disadvantaged by this pursuant to s.586 of the Act.
[5] 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.
[6] The Agreement is approved and in accordance with s.54, will operate from 19 December 2022. The nominal expiry date of the Agreement is 28 February 2025.
Printed by authority of the Commonwealth Government Printer
The BMD Constructions Pty Ltd Major Projects Agreement 2022 was approved and will operate from 19 December 2022 with a nominal expiry date of 28 February 2025.