Daily Group Pty Ltd T/A Baw Baw Civil

[2024] FWCA 1327

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Daily Group Pty Ltd T/A Baw Baw Civil

(AG2024/927)

BAW BAW CIVIL ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 15 APRIL 2024

Application for approval of the Baw Baw Civil Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Baw Baw Civil Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Daily Group Pty Ltd T/A Baw Baw Civil. The Agreement is a single enterprise agreement.

On 3 April 2024, my Chambers issued correspondence to the parties outlining concerns with the Agreement and seeking further documentation and/or response submissions from the Applicant. Having received the Applicant’s response, I am satisfied the following issues have been resolved:

The signature page did not meet the requirements set out in regulation 2.06A of the Fair Work Regulations 2009. I sought and received an amended signature page from the Employer.

That the Notice of Employee Representational Rights (NERR) that was issued to the employees was not on the current prescribed form. However, I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

Clause 18.1(b), relating to shiftworkers, appears to provide a more restrictive definition of a shiftworker for the purposes of the National Employment Standards than the Award. The Employer provided a written undertaking to address this issue.

A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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 is approved and, in accordance with s.54 of the Act, will operate from 22 April 2024. The nominal expiry date of the Agreement is 15 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, the applicant, Daily Group Pty Ltd trading as Baw Baw Civil, sought approval of the Baw Baw Civil Enterprise Agreement 2024. The application was brought before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The dispute primarily revolved around whether the proposed agreement met the legal standards for approval, including ensuring that it provided for fair and reasonable terms and conditions of employment.

The legal issues at hand included verifying that the agreement contained all the mandated terms and conditions, confirming that it adhered to the procedural requirements for registration, and ensuring that it did not contain any unlawful provisions that would contravene the Fair Work Act. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether it provided for the fair and reasonable terms of employment as required by the legislation.

The Commission undertook a detailed examination of the agreement, reviewing its provisions and the process by which it was negotiated and agreed upon. The applicant provided evidence of the negotiation process and demonstrated that all mandatory terms had been included. The Commission was satisfied that the agreement was made in good faith and met the statutory requirements for approval. The agreement was thus deemed to provide for fair and reasonable terms and conditions of employment.

In light of the above, the Commission approved the Baw Baw Civil Enterprise Agreement 2024. This decision was made under the authority of the Fair Work Act, and the agreement was registered accordingly. The approval ensures that the terms and conditions of employment outlined in the agreement are enforceable and that the rights and obligations of the parties are legally recognised.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established