DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarke and Doggett Building Concepts Pty Ltd T/A Clarke and Doggett Fitout Solutions
(AG2015/5034)

CLARKE & DOGGETT (ONSITE AND OFFSITE) ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 8 OCTOBER 2015

Application for approval of the Clarke & Doggett (Onsite and Offsite) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Clarke & Doggett (Onsite and Offsite) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clarke and Doggett Building Concepts Pty Ltd T/A Clarke and Doggett Fitout Solutions. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 8 October 2015 and, in accordance with s.54, will operate from 15 October 2015. The nominal expiry date of the Agreement is 8 October 2019.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

Clarke and Doggett Building Concepts Pty Ltd, trading as Clarke and Doggett Fitout Solutions, sought approval of the Clarke & Doggett (Onsite and Offsite) Enterprise Agreement 2015. The application was heard in the Fair Work Commission, with Commissioner Dow presiding. The application involved scrutiny of the terms and conditions outlined in the proposed agreement, with particular attention given to compliance with the Fair Work Act 2009.

The primary legal issues before the court included whether the proposed enterprise agreement adequately protected the interests of the employees, whether the agreement was made in good faith and whether it met the requirements of the Fair Work Act. A significant aspect of the inquiry was the examination of the consultation processes undertaken by the employer with the employees and their representatives, as well as whether the agreement's terms were fair and reasonable. The court also considered the extent to which the agreement covered essential terms and the implications for employees' pay and conditions.

Commissioner Dow found that the application met the statutory criteria for approval, highlighting that the agreement was made in good faith and that the consultation processes were adequate. The court was satisfied that the agreement covered all essential terms and that it was fair and reasonable. The decision was influenced by the comprehensive consultation efforts and the balance struck between the interests of the employer and the employees. The court concluded that the agreement did not unfairly disadvantage any party and that it was consistent with the principles of the Fair Work Act.

The Fair Work Commission approved the Clarke & Doggett (Onsite and Offsite) Enterprise Agreement 2015, confirming its validity and enforceability. The approval was based on the findings that the agreement was made in good faith, met the statutory requirements and adequately protected the interests of both the employer and the employees. The decision underscored the importance of fair and transparent consultation processes in the formation of enterprise agreements.

Clarke and Doggett Building Concepts Pty Ltd T/A Clarke and Doggett Fitout Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established