Conbrio Construction & Maintenance Pty Ltd T/A DWG Contracting Summary

[2014] FWCA 877

The attached document replaces the document previously issued with the above code on 19 February 2014.

The decision is amended by deleting the word “Irion” where it appears in the main agreement title of the decision and replacing it with the word “Iron”.

Kylie Kinsela

Associate to Deputy President McCarthy

21 February 2014

[2014] FWCA 877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Conbrio Construction & Maintenance Pty Ltd T/A DWG Contracting
(AG2014/132)

DWG CONTRACTING BHPB IRON ORE GROWTH PROJECTS STAGE 1 AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 19 FEBRUARY 2014

Application for approval of the DWG Contracting BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the DWG Contracting BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[5] As the Agreement does not include a consultation term, the model consultation term is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 13 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Conbrio Construction & Maintenance Pty Ltd trading as DWG Contracting, the applicant sought approval for a specific enterprise agreement, referred to as the BHPB Iron Ore Growth Projects Stage 1 AWU Greenfields Agreement, from the Fair Work Commission. The dispute arose from the applicant's assertion that the agreement, which was to be applied to its employees, met the statutory criteria for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement complied with the legislative requirements for fair and bargainable terms.

The central legal issue before the Commission was whether the proposed enterprise agreement was procedurally and substantively compliant with the requirements of the Fair Work Act. This involved examining the processes by which the agreement was negotiated and whether the terms within the agreement met the legislative standards for fairness and bargainability. The Commission had to consider if there was genuine negotiation between the parties, and if the agreement's terms, including those related to wages, conditions, and other employment-related matters, were fair and reasonable.

The Fair Work Commission found that the agreement was procedurally sound, having been negotiated in good faith and with appropriate representation. The Commission further concluded that the terms of the agreement were fair and reasonable, as they aligned with the broader standards of the industry and were not unduly harsh, one-sided, or detrimental to the employees. The Commission determined that the agreement met all necessary statutory criteria, and thus approved it. This decision provided clarity and legal endorsement for the terms of the agreement, ensuring its enforceability under the Fair Work Act.

Conbrio Construction & Maintenance Pty Ltd T/A DWG Contracting

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established