Dando Civil Solutions Pty Ltd Summary

[2014] FWCA 1682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dando Civil Solutions Pty Ltd
(AG2014/436)

DANDO CIVIL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 11 MARCH 2014

Application for approval of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 28 February 2014 by Dando Civil Solutions Pty Ltd for the approval of a single-enterprise agreement known as the Dando Civil Solutions Pty Ltd Enterprise Agreement 2014 (“the 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] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement and is attached to the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in Dando Civil Solutions Pty Ltd involved the application for approval of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which was tasked with assessing the fairness and appropriateness of the proposed agreement. The dispute centred around the terms and conditions set out in the enterprise agreement, particularly in relation to the classification and remuneration of employees. The decision was pivotal in determining whether the agreement would be formally approved and binding on the parties involved.

The primary legal issues before the Commission included whether the agreement was a bona fide enterprise agreement, whether it was fair and reasonable, and whether it met the criteria outlined in the Fair Work Act 2009. Additionally, the Commission had to consider the implications of the agreement on the employees’ terms and conditions of employment, including any potential impact on their wages, working conditions, and other entitlements. The fairness test required the Commission to examine whether the agreement provided for appropriate protections and benefits for the employees.

The Fair Work Commission found that the proposed enterprise agreement was a bona fide enterprise agreement and was fair and reasonable. The Commission concluded that the agreement provided for appropriate protections and benefits for the employees and was consistent with the principles of the Fair Work Act 2009. The Commission noted that the agreement had been negotiated in good faith and that the terms and conditions were not detrimental to the employees. As a result, the application for approval was granted, and the Dando Civil Solutions Pty Ltd Enterprise Agreement 2014 was formally approved and binding on the parties.

Dando Civil Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established