Dando Civil Solutions Pty Ltd T/A Dando Civil Solutions Pty Ltd

[2023] FWCA 131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dando Civil Solutions Pty Ltd T/A Dando Civil Solutions Pty Ltd

(AG2022/5475)

DANDO CIVIL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 13 JANUARY 2023

Application for approval of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Dando Civil Solutions Pty Ltd Enterprise Agreement 2023 (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 T/A Dando Civil Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dando Civil Solutions Pty Ltd, trading as Dando Civil Solutions Pty Ltd, was involved in an application to the Fair Work Commission to approve the Dando Civil Solutions Pty Ltd Enterprise Agreement 2023. The application arose as the agreement needed certification by the Commission to be legally binding on the parties. The primary dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for approval under the Act.

The central legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act 2009, whether the agreement was made in good faith, and whether it was free from any improper conduct. Additionally, the Commission needed to determine if the agreement provided for a fair and efficient method for resolving any disputes between the parties.

In making its decision, the Commission examined the agreement in detail, considering the various terms and conditions it contained. The Commission noted that the agreement included all the mandatory terms required by the Act and was free from any procedural defects. It found that the agreement was made in good faith and did not contain any improper conduct. The Commission also considered the process by which the agreement was negotiated and concluded that it was fair and efficient for resolving any disputes. Based on these findings, the Commission approved the Dando Civil Solutions Pty Ltd Enterprise Agreement 2023, making it legally binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established