Dando Civil Solutions Pty Ltd

[2013] FWCA 6736

FAIR WORK COMMISSION

DECISION

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

Dando Civil Solutions Pty Ltd
(AG2013/2710)

DANDO CIVIL SOLUTIONS PTY LTD LEGACY WAY ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 16 SEPTEMBER 2013

Application for approval of the Dando Civil Solutions Pty Ltd Legacy Way Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 4 September 2013 by Dando Civil Solutions Pty Ltd for the approval of a Greenfields agreement known as the Dando Civil Solutions Pty Ltd Legacy Way Enterprise Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr B. Swan, Queensland Branch Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[4] On 16 September 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, 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.

[6] 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

In the Fair Work Commission, the applicant, Dando Civil Solutions Pty Ltd, sought approval of the Dando Civil Solutions Pty Ltd Legacy Way Enterprise Agreement 2013. The applicant, a construction company, and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, had entered into an enterprise agreement which, if approved, would apply to certain employees of the applicant. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a genuine enterprise agreement as required by section 229 of the Act. The Commission considered whether the agreement had been negotiated in good faith, involved sufficient consultation, and contained certain mandatory terms as stipulated by the Act. The Commission also had to determine if the agreement was free from any procedural flaws that would render it invalid.

The Commission found that the agreement was genuine and had been negotiated in good faith. It concluded that the process of consultation and negotiation met the statutory requirements and that the agreement contained all the necessary mandatory terms. The Commission further determined that the agreement was free from procedural errors. Based on these findings, the Commission approved the application for the agreement to be registered.

As a result of the Commission’s approval, the Dando Civil Solutions Pty Ltd Legacy Way Enterprise Agreement 2013 was registered under the Fair Work Act 2009. This registration made the agreement binding on the parties and their employees, setting out the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established