Danspec Investments Pty Ltd Summary

[2014] FWCA 2070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Danspec Investments Pty Ltd
(AG2014/618)

DANSPEC INVESTMENTS PTY LTD T/A DANSPEC CIVIL AND THE AUSTRALIAN WORKERS UNION VICTORIA BRANCH BALD HILLS WINDFARM VICTORIA CIVIL WORKS PROJECT AND ASSOCIATED PACKAGES GREENFIELD ENTERPRISE AGREEMENT 2014-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 28 MARCH 2014

Application for approval of the Danspec Investments Pty Ltd t/a Danspec Civil and The Australian Workers Union Victoria Branch Bald Hills Windfarm Victoria Civil Works Project and Associated Packages Greenfield Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Danspec Investments Pty Ltd t/a Danspec Civil and The Australian Workers Union Victoria Branch Bald Hills Windfarm Victoria Civil Works Project and Associated Packages Greenfield Enterprise Agreement 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Danspec Investments Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 28 March 2014 and, in accordance with s.54, will operate from 4 April 2014. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Danspec Investments Pty Ltd, trading as Danspec Civil, and the Australian Workers Union Victoria Branch, applied for approval of the Bald Hills Windfarm Victoria Civil Works Project and associated packages under the Greenfield Enterprise Agreement 2014-2015. The application was brought before the Fair Work Commission (FWC). The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the applicants sought to confirm that the agreement, which detailed the terms and conditions of employment for the Bald Hills Windfarm project, adhered to the statutory provisions for enterprise agreements.

The FWC was tasked with determining whether the agreement was a genuine enterprise agreement, if it was free from unlawful content, and if it had been properly negotiated. The applicants argued that the agreement was the product of good faith bargaining and was fair and reasonable in all its terms. The FWC examined the negotiation process, the terms of the agreement, and whether it met the legislative standards. The commission was also required to consider whether the agreement contained any unlawful content, such as provisions that contravened the Act or were otherwise unfair.

In its decision, the FWC found that the agreement was genuinely negotiated and met all the statutory requirements. The commission concluded that the negotiation process was conducted in good faith and that the terms of the agreement were fair and reasonable. The FWC confirmed that the agreement did not contain any unlawful content and was compliant with the Fair Work Act 2009. Consequently, the commission approved the enterprise agreement for the Bald Hills Windfarm Victoria Civil Works Project and associated packages.

The FWC's final order was that the enterprise agreement be approved as a genuine agreement under the Fair Work Act 2009. The agreement was deemed to be free from unlawful content and to have been negotiated in good faith. The decision provided clarity and legal certainty for the parties involved, ensuring that the terms of employment for the Bald Hills Windfarm project were compliant with the relevant legislative framework.

Danspec Investments Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established