DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dandolo Group Pty Ltd
(AG2016/7198)

DANDOLO GROUP PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2017

Application for approval of the Dandolo Group Pty Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dandolo Group Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dandolo Group Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2017. The nominal expiry date of the Agreement is 30 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dandolo Group Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a union representing its employees, were before the Fair Work Commission in an application for approval of the Dandolo Group Pty Ltd Enterprise Agreement 2016 - 2019. The application arose because the union and the employer had reached a negotiated agreement, but needed the court's approval to ensure the agreement complied with the Fair Work Act 2009. The union argued the agreement was fair and reasonable, while the employer sought certain amendments to improve the agreement's practicality and enforceability.

The key legal issues the court needed to address included whether the agreement contained all the required terms, whether it was procedurally fair and reasonable in substance, and whether it complied with relevant industrial laws. The court examined the agreement's provisions, ensuring they covered all mandated topics and were fair and reasonable for the employees and the employer. It also considered whether the agreement met the procedural requirements set out in the Fair Work Act, including whether the union had genuinely negotiated the agreement and if the employer had provided adequate information to the union.

In its decision, the court determined that the agreement, with certain modifications, was fair and reasonable and complied with the relevant industrial laws. The court found that the agreement contained all the required terms and met the procedural fairness requirements. However, it identified a few areas where the agreement needed clarification or amendment to enhance its enforceability and practicality. The court made specific orders to address these issues, ensuring the agreement was as fair and effective as possible for both parties. Ultimately, the court approved the agreement with the requested amendments, ensuring it met the legal standards required for such agreements.

The final orders of the court approved the Dandolo Group Pty Ltd Enterprise Agreement 2016 - 2019, subject to the modifications outlined in the decision. These modifications included clarifying certain provisions, ensuring the agreement met the legal requirements, and enhancing its enforceability. The court's decision provided a clear pathway for the employer and the union to implement the agreement, ensuring it would operate effectively and fairly for all parties involved.

Dandolo Group 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