D+Z Constructions Energy & Resources Pty Ltd

[2013] FWCA 8576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D+Z Constructions Energy & Resources Pty Ltd
(AG2013/10764)

D+Z CONSTRUCTIONS ENERGY & RESOURCES PTY LTD CONSTRUCTION SITES EMPLOYMENT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 31 OCTOBER 2013

Application for approval of the D+Z Constructions Energy & Resources Pty Ltd Construction Sites Employment Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the D+Z Constructions Energy & Resources Pty Ltd Construction Sites Employment Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] D+Z Constructions Energy & Resources Pty Ltd provided an undertaking when they initially lodged the Agreement. A copy is attached to the Agreement. The bargaining representative for the Agreement has indicated his support for the undertaking.

[4] 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 four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the D+Z Constructions Energy & Resources Pty Ltd Construction Sites Employment Agreement 2013. This agreement was proposed as a modern award under the Fair Work Act 2009. The applicant, D+Z Constructions Energy & Resources Pty Ltd, sought the Commission's approval for the agreement, which was intended to cover the terms and conditions of employment for employees working on construction sites.

The primary legal issues for the Commission to determine included whether the agreement met the requirements of the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment. The Commission had to examine the agreement's provisions against the Fair Work Act's provisions to ensure it did not unjustifiably discriminate or disadvantage employees. The Commission also had to consider whether the agreement provided for a fair process for resolving workplace disputes and whether it adequately protected employees' rights.

In rendering its decision, the Commission assessed the agreement's provisions, taking into account submissions from D+Z Constructions Energy & Resources Pty Ltd and any other interested parties. The Commission found that the agreement complied with the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The agreement included provisions for dispute resolution, minimum wages, and other entitlements that were in line with the protections afforded by the relevant modern awards. The Commission also noted that the agreement provided for a fair process for resolving workplace disputes and adequately protected employees' rights. Accordingly, the Commission approved the agreement, which will now apply to employees working on construction sites.

The Commission's final order was that the D+Z Constructions Energy & Resources Pty Ltd Construction Sites Employment Agreement 2013 be approved as a modern award under the Fair Work Act 2009. The agreement will now apply to employees working on construction sites and will provide them with fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established