DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dalwallinu Concrete Pty Ltd T/A Dallcon
(AG2019/4212)

DALLCON ENTERPRISE AGREEMENT 2019

Cement and concrete products
COMMISSIONER YILMAZ	MELBOURNE, 18 DECEMBER 2019

Application for approval of the DALLCON Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the DALLCON Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dalwallinu Concrete Pty Ltd T/A Dallcon. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 25 December 2019. The nominal expiry date of the Agreement is 17 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dalwallinu Concrete Pty Ltd, trading as Dallcon, applied for approval of the Dallcon Enterprise Agreement 2019 under the Fair Work Act 2009. The application was heard by the Fair Work Commission. The nature of the dispute was whether the agreement met the requirements for approval under the Act, specifically if it provided for fair and reasonable terms and conditions of employment.

The legal issues that the court had to decide were whether the agreement complied with the provisions of the Fair Work Act, and whether the process for the agreement was conducted fairly. This included an examination of whether the agreement met the requirements for coverage, bargaining, and terms and conditions as set out in the Act. The court also had to consider the submissions and evidence presented by both parties during the hearing.

The Fair Work Commission found that the agreement complied with the Act and was therefore approved. The court noted that the agreement was the result of good faith bargaining between the employer and the employees, and it met the requirements for coverage and terms and conditions. The court also found that the process for the agreement was conducted fairly, and that the agreement provided for fair and reasonable terms and conditions of employment.

No further orders were made by the court.

Dalwallinu Concrete Pty Ltd T/A Dallcon

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established