D Form Civil Pty Ltd

[2022] FWCA 2409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D Form Civil Pty Ltd

(AG2022/2344)

D Form Civil Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 JULY 2022

Application for approval of the D Form Civil Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the D Form Civil Pty Ltd Enterprise 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 D Form Civil Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2022. The nominal expiry date of the Agreement is 18 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved D Form Civil Pty Ltd and was heard in the Fair Work Commission. The company sought approval for the D Form Civil Pty Ltd Enterprise Agreement 2022. The agreement was intended to regulate the terms and conditions of employment for its employees. The dispute arose as the company needed to ensure that the proposed terms complied with the relevant industrial and legislative framework.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for "genuine agreement" and if it contained the mandated minimum entitlements. The company argued that the agreement had been reached through proper consultation and reflected the interests of both the employer and employees. The Commission had to consider whether the process of developing the agreement was fair and whether the terms were in line with the statutory obligations.

The Commission evaluated the evidence presented by the company regarding the process of negotiating the agreement and the extent of consultation with the employees. It found that the process was conducted in good faith and that the employees had been adequately consulted. The Commission also examined the content of the agreement to ensure it met the minimum standards set by the Fair Work Act 2009. After careful consideration, the Commission concluded that the agreement was made in accordance with the law and satisfied all the necessary requirements.

The Fair Work Commission approved the D Form Civil Pty Ltd Enterprise Agreement 2022, confirming its compliance with the relevant statutory provisions. The approval ensures that the terms of the agreement will govern the employment conditions of the company's employees, provided the agreement is registered with the Fair Work Commission. The decision highlights the importance of proper consultation and adherence to legal standards in the negotiation and approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established