DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Danste Civil Pty Ltd
(AG2016/966)

DANSTE CIVIL ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 MAY 2016

Application for approval of the Danste Civil Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Danste Civil Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Danste Civil 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 19 May 2016. The nominal expiry date of the Agreement is 11 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Danste Civil Pty Ltd was a party to an enterprise agreement with its employees, which was set to expire. The company applied for the Fair Work Commission’s approval of a new enterprise agreement. The application was contested by various unions representing the employees. The dispute centred on several provisions of the proposed agreement, including wages, working conditions, and the scope of the agreement. The case was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement was fair and appropriate for the employees.

The central legal issues before the Commission were whether the proposed agreement met the requirements of being "fair and appropriate" under the Fair Work Act 2009 and whether it complied with the relevant provisions of the Fair Work Regulations. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including wages, hours of work, and other employment conditions, as well as whether it appropriately balanced the interests of the employer and employees. Additionally, the Commission needed to determine whether the proposed agreement met the procedural requirements, such as adequate consultation and the provision of relevant information to the employees.

In making its decision, the Commission examined the evidence and submissions from both parties. It considered the economic context, the bargaining positions of the parties, and the terms and conditions proposed in the agreement. The Commission found that the proposed agreement was fair and appropriate, as it provided for reasonable terms and conditions that balanced the interests of both the employer and employees. The Commission also concluded that the agreement met the procedural requirements and was in compliance with the Fair Work Act and Regulations. Therefore, the Commission approved the proposed enterprise agreement, allowing it to come into effect from the date of the decision.

The Fair Work Commission approved the proposed enterprise agreement between Danste Civil Pty Ltd and its employees, effective from the date of the decision. This decision ensures that the new terms and conditions will govern the employment relationship between the parties for the specified period. The approval of the agreement reflects the Commission’s determination that it meets the statutory requirements of being fair and appropriate, while also adequately balancing the interests of both the employer and employees.

Danste Civil 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