Daracon Engineering Pty Limited T/A Daracon Group

[2024] FWCA 4472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Daracon Engineering Pty Limited T/A Daracon Group

(AG2024/4086)

DARACON GROUP CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 13 DECEMBER 2024

Application for approval of the Daracon Group Civil Construction Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Daracon Group Civil Construction Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by one of the employers covered by the Agreement, Daracon Engineering Pty Limited T/A Daracon Group. The Agreement is a single enterprise agreement.

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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employers. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union (AWU) and Construction, Forestry and Maritime Employees Union (CFMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 13 December 2024 and, in accordance with s.54 of the Act, will operate from 20 December 2024. The nominal expiry date of the Agreement is 1 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Daracon Engineering Pty Limited trading as the Daracon Group, sought approval of the Daracon Group Civil Construction Enterprise Agreement 2024. The applicant sought to have the agreement registered by the Commission as a single-enterprise agreement under the Fair Work Act 2009. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, contested the application on the grounds that the agreement did not meet the requirements for single-enterprise agreement status.

The central legal issue for the Commission was whether the agreement constituted a single-enterprise agreement, as defined in section 172 of the Fair Work Act. The Commission considered whether the agreement covered all employees within the enterprise, and if the terms and conditions were consistent and applicable to all employees. Additionally, the Commission assessed whether the agreement met the requirements for fair and equitable terms and conditions of employment as stipulated in the Act.

The Commission examined the scope of the agreement, determining that it covered all employees within the enterprise. It found that the terms and conditions were consistent and applicable to all employees, with no significant variations or exclusions. The Commission also assessed the fairness of the terms and conditions, concluding that the agreement provided for fair and equitable terms and conditions of employment. Based on these findings, the Commission approved the agreement, confirming its status as a single-enterprise agreement.

The Commission ordered the registration of the Daracon Group Civil Construction Enterprise Agreement 2024 as a single-enterprise agreement under the Fair Work Act. This decision allows the agreement to apply to all employees within the enterprise, providing a clear and consistent framework for employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established