| [2019] FWCA 3842 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement
Daracon Engineering Pty Ltd T/A Daracon
(AG2018/4959)
DARACON GROUP CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2018
Building, metal and civil construction industries | |
DEPUTY PRESIDENT CROSS | SYDNEY, 4 JUNE 2019 |
Application for approval of the Daracon Group Civil Construction Enterprise Agreement 2018.
[1] An application has been made for the approval of an enterprise agreement known as the Daracon Group Civil Construction Enterprise Agreement 2018 (the ‘Agreement’). The application was made by Daracon Engineering Pty Ltd (the ‘Applicant’) pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’). The Agreement is a single-enterprise agreement.
[2] The Australian Workers’ Union – NSW Branch (the ‘AWU’) and the Construction, Forestry, Maritime, Mining and Energy Union NSW – Construction and General Division (the ‘CFMMEU’) were union bargaining representatives involved in the Agreement making process.
[3] The AWU and the CFMMEU raised certain matters regarding the BOOT, and whether the Agreement satisfied that test. Those issues were addressed by the parties in correspondence and submissions directed firstly to the Chambers of Deputy President Gostencnik, who had carriage of the application, and after reallocation on 7 March, 2019, to my Chambers.
[4] The BOOT issues were resolved with the provision of written undertakings from the Applicant dated 26 February, 2019, and 12 March, 2019 respectively. Copies of the undertakings are attached to this decision and marked ‘Annexure A’ and ‘Annexure B.’ I note that the undertakings are taken to be terms of the Agreement. I am therefore satisfied that the relevant requirements of ss.186, 187, 188 and 190 of the Act concerning this application for approval have been met.
The Outstanding Issue
[5] Oneissue remains outstanding for determination in theapplication, and that issue is only advanced by the CFMMEU. That issue involves whether the Fair Work Commission (the ‘Commission’) can, and should, amend the Agreement pursuant to s.586(a) of the Act by removing reference to Daracon Contractors Pty Ltd from Clause 2.1 of the Agreement.
[6] The Applicant filed a Form F16 and a Form F17 in support of the application on 3 September, 2018. The Form F16 listed the Applicant as ‘Daracon Engineering Pty Ltd,’ and the other employers covered by the Agreement as ‘Daromin Engineering Pty Ltd,’ ‘Paramount Landscaping Pty Ltd,’ and ‘Daracon Contractors Pty Ltd.’
[7] In the Form F17, the Applicant, in response to Question 1.1 – ‘What is the name of the employer?’ named ‘Daracon Engineering Pty Ltd,’ ‘Daromin Engineering Pty Ltd,’ ‘Paramount Landscaping Pty Ltd’ and ‘Daracon Contractors Pty Ltd’ as the legal name, and ‘Daracon Group’ as the trading name for those entities.
[8] Clause 2.1 of the Agreement provides: -
‘Subject to clause 2.2, this Agreement covers Daracon Contractors Pty Ltd, Daracon Engineering Pty Ltd, Daromin Engineering Pty Ltd, and Paramount Landscaping Pty Ltd (‘the Company’) and employees engaged as on site Civil Construction Workers in the classifications.’
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- AGLC
- Daracon Engineering Pty Ltd T/A Daracon [2019] FWCA 3842
- Case
- [2019] FWCA 3842
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to address were whether the agreement complied with the requirements set out in the Fair Work Act 2009 and whether it provided appropriate safeguards for the employees. Specifically, the court had to examine if the agreement met the criteria for a simple, clear, and easy-to-understand document, as well as if it provided fair and reasonable terms and conditions of employment.
The Fair Work Commission found that the Daracon Group Civil Construction Enterprise Agreement 2018 met the necessary requirements. The agreement was deemed to be sufficiently clear and simple, ensuring that the employees could easily understand their rights and obligations. Furthermore, the court considered the agreement to provide fair and reasonable terms and conditions of employment. Consequently, the application for approval of the agreement was successful, and the agreement was registered as a modern award.
No specific final orders were mentioned in the text.
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