DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Darkmind Pty Ltd T/A Macarthur Block & Bricklaying Services
(AG2019/4276)

DARKMIND PTY LTD ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 NOVEMBER 2019

Application for approval of the Darkmind Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Darkmind Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Darkmind Pty Ltd T/A Macarthur Block & Bricklaying Services. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 25 November 2019 and, in accordance with s.54, will operate from 2 December 2019. The nominal expiry date of the Agreement is 1 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Darkmind Pty Ltd T/A Macarthur Block & Bricklaying Services, the applicant, sought approval for their proposed Enterprise Agreement 2019-2023 from the Fair Work Commission. The agreement was submitted for consideration under the Fair Work Act 2009, aiming to formalise the terms and conditions of employment for its workforce. The Commission was tasked with determining whether the agreement met the legal criteria for approval, including ensuring it provided a safety net of minimum terms and conditions and facilitated efficient workplace relations.

The central legal issue before the Commission was whether the proposed Enterprise Agreement satisfied the statutory requirements set forth in the Fair Work Act. Specifically, the Commission needed to ascertain if the agreement provided for a safety net of minimum terms and conditions, and whether it facilitated efficient workplace relations. This involved a detailed examination of the agreement's provisions to ensure compliance with the legislative standards.

The Commission concluded that the proposed Enterprise Agreement met the necessary legal criteria. It determined that the agreement provided for a safety net of minimum terms and conditions, thereby meeting the requirements under the Fair Work Act. Additionally, the Commission found that the agreement facilitated efficient workplace relations, as evidenced by the consensus reached between the employer and the employees. Consequently, the Commission approved the Enterprise Agreement 2019-2023, effective from 1st July 2019.

Darkmind Pty Ltd T/A Macarthur Block & Bricklaying Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established