D Group Pty Ltd

[2025] FWCA 3017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

D Group Pty Ltd

(AG2025/2516)

D GROUP CIVIL ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 8 SEPTEMBER 2025

Application for approval of the D Group Civil Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the D Group Civil Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D Group Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The material filed in support of the application disclosed that a superseded version of the Notice of Employee Representation Rights (NERR) had been issued to employees at the commencement of bargaining. The discrepancy is a minor technical error which, in accordance with s.188(5) of the Act, I am able to disregard where I am satisfied that employees were not likely to have been disadvantaged by the error. I am satisfied that this is the case here and will disregard the error.

The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 36(a) of the Building and Construction General On-site Award 2020 and clause 29(a) of the Road Transport and Distribution Award 2020, Workplace delegates’ rights terms, are to be taken to be a term of the Agreement.

I note that Clause 4.2 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 8 September 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of D Group Pty Ltd was heard in the Fair Work Commission. The applicant, D Group, sought approval for the D Group Civil Enterprise Agreement 2025. The dispute involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The legal issues revolved around the fairness and reasonableness of various terms and conditions outlined in the agreement, particularly concerning pay rates, working hours, and employee entitlements.

The Commission examined the agreement's provisions in light of the statutory requirements for enterprise agreements. It considered whether the agreement met the 'better off overall test' and whether it adhered to the 'good faith' bargaining principle. The applicant argued that the proposed agreement provided fair and reasonable terms for both the employer and employees. The Commission assessed the submissions and evidence presented by both parties, focusing on the economic context and industry standards.

After careful deliberation, the Fair Work Commission approved the D Group Civil Enterprise Agreement 2025. It found that the agreement was fairly negotiated and met the statutory criteria for approval. The Commission concluded that the proposed terms and conditions were reasonable, considering the economic context and the interests of both employers and employees. The decision affirmed that the agreement complied with the necessary legislative standards.

The Commission made orders approving the D Group Civil Enterprise Agreement 2025, effective from the date of the decision. The agreement now binds all employees covered by the agreement, ensuring that the terms and conditions are legally enforceable. The Commission's approval provides certainty and stability for both D Group and its employees, facilitating a fair working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established