DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D Plus C Pty Ltd
(AG2015/6035)

D PLUS C PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 NOVEMBER 2015

Application for approval of the D Plus C Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the D Plus C Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D Plus C Pty Ltd. 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2015. The nominal expiry date of the Agreement is 22 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

D Plus C Pty Ltd is the subject of an application to the Fair Work Commission for approval of an enterprise agreement. The agreement in question, titled D Plus C Pty Ltd Enterprise Agreement 2015 - 2019, is a proposed contract between the employer and the employees, which outlines terms and conditions of employment. The dispute centres on whether the agreement is in compliance with the relevant industrial relations legislation, specifically the Fair Work Act 2009.

The legal issues the court needed to address were whether the agreement contained mandatory terms as prescribed by the Fair Work Act, and whether the agreement was made in good faith and protected against sham agreements. The court also had to consider whether the agreement met the requirements for simplification and whether it adequately facilitated the efficient operation of the employer’s business. Furthermore, the court examined if the agreement contained provisions that were contrary to public policy or were otherwise invalid.

In delivering its decision, the Fair Work Commission considered the various provisions of the agreement and whether they aligned with the legislative framework. The Commission noted that the agreement contained all the mandatory terms as required by the Fair Work Act. It found that the agreement was made in good faith and did not constitute a sham agreement. The Commission also determined that the agreement met the requirements for simplification and facilitated the efficient operation of the employer’s business. No provisions were found to be contrary to public policy. Therefore, the Commission approved the D Plus C Pty Ltd Enterprise Agreement 2015 - 2019.

The Fair Work Commission ordered the approval of the D Plus C Pty Ltd Enterprise Agreement 2015 - 2019, subject to its operation from the date of the Commission's decision. The decision underscored the importance of ensuring that enterprise agreements comply with the Fair Work Act, while also facilitating fair and efficient workplace relations.

D Plus C Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established