DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dando Civil Solutions Pty Ltd
(AG2017/99)

DANDO CIVIL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 MARCH 2017

Application for approval of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dando Civil Solutions Pty Ltd 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 Dando Civil Solutions Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2017. The nominal expiry date of the Agreement is 30 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Dando Civil Solutions Pty Ltd, sought approval of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2017, with the Australian Building and Construction Commission (ABCC) acting as a party of interest. The dispute centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The primary legal issues were whether the enterprise agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. Additionally, the court examined whether the agreement met the procedural requirements for approval, including the correct registration and notification processes. The ABCC argued that the agreement did not meet the statutory requirements and should not be approved.

In delivering its decision, the Fair Work Commission found that the enterprise agreement was indeed made in good faith and provided for fair and reasonable terms and conditions. The court examined the evidence and submissions from both parties and concluded that the agreement complied with all procedural requirements for approval. The Commission was satisfied that the agreement was registered correctly and that all necessary notifications were made. As a result, the application for approval was successful.

The Fair Work Commission approved the Dando Civil Solutions Pty Ltd Enterprise Agreement 2017. This approval signifies that the agreement is now legally binding between the employer and the employees covered by the agreement. The decision provides clarity for the parties involved and ensures that the agreement is compliant with the relevant statutory framework.

Dando Civil Solutions 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