DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D & C Construction Solutions Pty Ltd T/A D & C Labour Solutions
(AG2017/3093)

D & C LABOUR SOLUTIONS ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 NOVEMBER 2017

Application for approval of the D & C Labour Solutions Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the D & C Labour Solutions Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D & C Construction Solutions Pty Ltd T/A D & C Labour Solutions. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at sub-clauses 2.19, 2.20 and 2.21. On 15 November 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2017. The nominal expiry date of the Agreement is 23 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved D & C Construction Solutions Pty Ltd, trading as D & C Labour Solutions, and its employees. The company sought approval for the D & C Labour Solutions Enterprise Agreement 2017 - 2021, which sought to regulate the terms and conditions of employment for its workers. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009, specifically ensuring that it provided fair and reasonable terms that allowed for adequate dispute resolution mechanisms.

The primary legal issues before the FWC were whether the enterprise agreement contained provisions that complied with the statutory requirements for minimum terms and conditions, and whether it provided for appropriate mechanisms for the resolution of workplace disputes. The FWC had to examine the specific terms of the agreement to determine if they met the threshold criteria for approval, including whether they provided for minimum wages and conditions, and if the dispute resolution mechanisms were adequate and accessible.

In its reasoning, the FWC noted that while the enterprise agreement generally provided for terms that were fair and reasonable, certain provisions relating to the resolution of disputes did not meet the statutory requirements. Specifically, the agreement did not provide for a mandatory and accessible mechanism for resolving disputes that involved more than one employee. This omission was deemed significant as it did not align with the overarching goal of the Fair Work Act to ensure that employees have adequate recourse to address workplace issues. Consequently, the FWC determined that the agreement could not be approved in its current form due to these deficiencies.

Ultimately, the FWC refused to approve the enterprise agreement as it stood, but granted a provisional approval subject to the inclusion of a mandatory and accessible dispute resolution mechanism. This outcome ensured that the employees would have an adequate means to resolve workplace disputes, thereby aligning the agreement with the requirements of the Fair Work Act.

D & C Construction Solutions Pty Ltd T/A D & C Labour Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established