Daracon Engineering Pty Limited T/A Daracon Group

Case •

[2024] FWCA 4472

•

13 DECEMBER 2024
[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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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

<AE527228  PR782419>

Annexure A

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