Danlaid CFS Pty Ltd

[2022] FWCA 4564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Danlaid CFS Pty Ltd

(AG2022/5196)

Danlaid Contracting Brisbane Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 22 DECEMBER 2022

Application for approval of the Danlaid CFS Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Danlaid CFS Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Danlaid CFS 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.

Noting clause 5(d) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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

In the Fair Work Commission, Danlaid CFS Pty Ltd sought approval of the Danlaid CFS Enterprise Agreement 2022. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment for its employees. The applicant also submitted that the agreement had been negotiated in good faith, and that it met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement was compliant with the relevant statutory provisions, and whether it was fair and reasonable for the employees covered by the agreement.

The Fair Work Commission considered whether the agreement was a "certified agreement" within the meaning of the Fair Work Act. The Commission noted that a certified agreement must be registered by the Fair Work Commission, and that it must provide for terms and conditions of employment that are fair and reasonable. The Commission also noted that the agreement must be negotiated in good faith, and that it must meet certain procedural requirements. The Commission found that the agreement met these requirements, and that it was fair and reasonable for the employees covered by the agreement.

Accordingly, the Commission approved the Danlaid CFS Enterprise Agreement 2022, and registered it as a certified agreement. The applicant's application was therefore successful, and the agreement is now legally binding on the parties. The Fair Work Commission emphasised that the agreement was subject to the provisions of the Fair Work Act, and that any disputes arising under the agreement must be resolved in accordance with the Act. The Commission also noted that it would continue to monitor the agreement to ensure that it remained fair and reasonable for the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established