Daracon Engineering Pty Limited T/A Daracon Group

[2022] FWCA 2351

[2022] FWCA 2351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Daracon Engineering Pty Limited T/A Daracon Group

(AG2022/2201)

Daracon Group Civil Construction EnterpriseAgreement 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 14 JULY 2022

Application for approval of the Daracon Group Civil Construction EnterpriseAgreement 2021

1. An application has been made for approval of an enterprise agreement to be known as the Daracon Group Civil Construction Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Daracon Engineering Pty Limited T/A Daracon Group (Applicant). The Agreement is a single enterprise agreement.

1. The Agreement covers the following three employer entities:

• Daromin Engineering Pty Limited
• Paramount Landscaping Pty Limited
• Daracon Engineering Pty Limited

1. The Applicant submitted that the three employer entities are engaged in a common enterprise, being onsite civil construction work in classifications described in Appendix C of the Agreement, and the employer entities are related bodies corporate pursuant to s.50 of the Corporations Act 2001 (Cth). I am satisfied that the three employer entities are single-interest employers within the meaning of s.172(5)(b) of the Act.

Coverage of employee organisation(s)

1. The Australian Workers’ Union (AWU) and Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) both being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2022. The nominal expiry date of the Agreement is 1 September 2024.

DEPUTY PRESIDENT

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