DECISION

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

Dando Civil Solutions Pty Ltd
(AG2019/3506)

DANDO CIVIL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 26 NOVEMBER 2019

Application for approval of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Dando Civil Solutions Pty Ltd Enterprise Agreement 2020 (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.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

Dando Civil Solutions Pty Ltd applied for approval of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2020 in the Fair Work Commission. The applicant sought approval of the agreement under section 232 of the Fair Work Act 2009, which requires the agreement to meet certain criteria, including that it provides for the terms and conditions of employment of the employees to which it applies. The respondents, who were employees of the company, raised objections to the approval of the agreement, arguing that it did not meet the criteria under the Act.

The legal issues that the commission was required to decide were whether the agreement provided for the terms and conditions of employment of the employees, and whether the agreement was made in accordance with the procedural requirements of the Act. The commission considered whether the agreement provided for the terms and conditions of employment by examining the content of the agreement and whether it complied with the requirements of the Act. The commission also considered whether the agreement was made in accordance with the procedural requirements of the Act, including whether the agreement was the product of genuine bargaining between the parties.

The commission found that the agreement provided for the terms and conditions of employment of the employees and that it complied with the requirements of the Act. The commission found that the agreement contained provisions that set out the terms and conditions of employment of the employees, including their rates of pay, hours of work, and leave entitlements. The commission also found that the agreement was the product of genuine bargaining between the parties, as it was negotiated over a period of time and involved a number of meetings between the parties. The commission approved the agreement, and the applicant's application was successful.

The orders made by the commission included the approval of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2020, which became a registered agreement under the Fair Work Act 2009. The agreement was registered on the date of the commission's decision and was binding on the parties from that date. The commission also ordered that the applicant pay the costs of the application.

Dando Civil Solutions Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established