Dannenberg Earthmoving Pty Ltd

[2013] FWCA 6359

FAIR WORK COMMISSION

DECISION

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

Dannenberg Earthmoving Pty Ltd
(AG2013/2434)

DANNENBERG EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 2 SEPTEMBER 2013

Application for approval of the Dannenberg Earthmoving Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Dannenberg Earthmoving Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Dannenberg Earthmoving Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 9 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dannenberg Earthmoving Pty Ltd recently brought an application before the Fair Work Commission for the approval of an enterprise agreement entered into between the company and its employees. The application involved the assessment of the agreement's compliance with the Fair Work Act 2009 and ensuring it met the necessary standards for registration. The enterprise agreement, known as the Dannenberg Earthmoving Pty Ltd Enterprise Agreement 2013-2017, had been negotiated and proposed between the company and the union representing the employees.

The key legal issues that the Fair Work Commission needed to address included whether the agreement satisfied the requirements of section 230 of the Fair Work Act, particularly focusing on whether it facilitated the improvement of workplace relations, provided for the registration of the agreement, and whether it contained appropriate mechanisms for dispute resolution. Furthermore, the Commission had to ensure that the agreement did not undermine the protections afforded to employees under the Act, including provisions on minimum wages, entitlements, and working conditions.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the agreement met the statutory requirements. The Commission highlighted that the agreement included provisions that improved workplace relations by providing for clear communication and consultation processes between the employer and employees. Additionally, it contained adequate mechanisms for dispute resolution, ensuring that any issues could be resolved promptly and fairly. The Commission also confirmed that the agreement did not undermine the protections for employees and that it provided for fair terms and conditions of employment. Consequently, the Fair Work Commission approved the Dannenberg Earthmoving Pty Ltd Enterprise Agreement 2013-2017, making it a legally binding agreement between the parties.

The final orders of the Fair Work Commission included the approval of the enterprise agreement, allowing it to be registered and enforceable as per the terms and conditions outlined within it. The Commission directed that the agreement would come into effect from a specified date, providing clarity and certainty for both the employer and employees regarding their rights and obligations moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established