DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Danrae Remedial Services Pty Ltd T/A Danrae Waterproofing
(AG2015/3384)

DANRAE REMEDIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 19 AUGUST 2015

Application for approval of the Danrae Remedial Services Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the
Danrae Remedial Services Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Danrae Remedial services Pty Ltd t/a Danrae Waterproofing. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 26 August 2015. The nominal expiry date of the Agreement is 25 August 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Danrae Remedial Services Pty Ltd T/A Danrae Waterproofing applied to the Fair Work Commission for approval of an enterprise agreement. The company and the Construction, Forestry, Maritime, Mining and Energy Union were the parties involved in the agreement. The union sought to ensure that the agreement provided for fair and equitable terms for its members. The central legal issue was whether the agreement met the requirements of the Fair Work Act 2009, specifically if it provided for the safety and welfare of the employees, and if it was made in good faith. The court had to consider whether the agreement complied with the provisions of the Act and if it was procedurally sound.

The Fair Work Commission found that the agreement was made in good faith and that it provided for the safety and welfare of the employees. The commission held that the agreement met the requirements of the Act and was fair and reasonable. The union's concerns about the agreement were addressed, and the commission found that the agreement was procedurally sound. The commission approved the agreement, finding that it was in the best interests of the employees and the company.

The Fair Work Commission approved the Danrae Remedial Services Pty Ltd Enterprise Agreement 2015-2019. The commission found that the agreement met the requirements of the Fair Work Act 2009 and provided for the safety and welfare of the employees. The agreement was made in good faith, and the union's concerns were addressed. The commission approved the agreement, finding that it was in the best interests of the employees and the company. The final orders of the commission were that the agreement be approved and registered with the Fair Work Commission.

Danrae Remedial Services Pty Ltd T/A Danrae Waterproofing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established