D&Z Constructions Pty Ltd

[2018] FWCA 790

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

D&Z Constructions Pty Ltd

(AG2017/4813)

D+Z Constructions Pty Ltd Construction Sites Enterprise Agreement 2017

Building, metal and civil construction industries
Commissioner Harper-Greenwell	MELBOURNE, 6 FEBRUARY 2018

Application for approval of the D+Z Constructions Pty Ltd Construction Sites Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the D+Z Constructions Pty Ltd Construction Sites Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D&Z Constructions Pty Ltd. The Agreement is a single enterprise agreement.

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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement was approved on 6 February 2018 and, in accordance with s.54, will operate from 13 February 2018. The nominal expiry date of the Agreement is 7 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the D+Z Constructions Pty Ltd Construction Sites Enterprise Agreement 2017. The applicant, D+Z Constructions Pty Ltd, sought the agreement's approval, while the respondent, Construction, Forestry, Maritime, Mining and Energy Union, represented the employees. The dispute centred on the terms of the proposed enterprise agreement and whether it complied with the relevant legislative framework. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues for the Commission to decide were whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act and whether it complied with the provisions of the Act. Specifically, the Commission had to consider whether the agreement had been made fairly and in good faith, whether it had been negotiated in a genuine and meaningful manner, and whether it contained the minimum terms and conditions of employment as required by the Act. Furthermore, the Commission needed to ensure that the agreement did not discriminate against any particular group of employees and that it was not contrary to public policy.

In rendering its decision, the Commission carefully examined the evidence and submissions presented by both parties. The Commission found that the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and that it had been negotiated in a genuine and meaningful manner. The Commission also determined that the agreement contained the minimum terms and conditions of employment and did not discriminate against any particular group of employees. Additionally, the Commission concluded that the agreement was not contrary to public policy. Based on these findings, the Commission approved the D+Z Constructions Pty Ltd Construction Sites Enterprise Agreement 2017.

In light of the approval, the Fair Work Commission issued orders confirming the agreement as a registered enterprise agreement. The agreement, which was registered under the Fair Work Act, would now govern the employment terms and conditions for the employees of D+Z Constructions Pty Ltd, subject to any subsequent amendments or variations made in accordance with the Act. The decision underscored the importance of ensuring that enterprise agreements meet the necessary legal requirements to provide a fair and effective framework for the resolution of workplace issues.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established