Daromin Engineering Pty Limited T/A Daracon Group

[2022] FWCA 3638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Daromin Engineering Pty Limited T/A Daracon Group

(AG2022/3932)

Daracon Group Transport Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 25 OCTOBER 2022

Application for approval of the Daracon Group Transport Enterprise Agreement 2022

Daromin Engineering Pty Limited T/A Daracon Group has applied for approval of a single enterprise agreement known as the Daracon Group Transport Enterprise Agreement 2022 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 1 November 2022. The nominal expiry date of the Agreement is 23 September 2026.

The Agreement covers the Transport Workers’ Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Daromin Engineering Pty Limited, trading as Daracon Group, for the approval of the Daracon Group Transport Enterprise Agreement 2022. The dispute arose from negotiations between the employer and the Transport Workers Union of Australia, which sought to establish terms and conditions of employment for the workers within the Daracon Group. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Act. Procedurally, the Commission examined if the agreement was made in good faith and if proper consultation occurred. Substantively, the Commission assessed whether the terms of the agreement provided adequate protections for employees and did not undermine the minimum standards of the National Employment Standards and the applicable awards. The parties presented arguments and evidence on these points, focusing particularly on wage provisions, working conditions, and dispute resolution mechanisms.

The Commission found that the agreement was made in good faith and that the necessary procedural requirements were met. The evidence showed that adequate consultation had taken place, with the Transport Workers Union participating actively in negotiations. Regarding the substantive content, the Commission determined that the agreement provided fair and reasonable terms, aligning with the protective intent of the Fair Work Act. The wage provisions were deemed adequate, and the working conditions were considered acceptable. The dispute resolution mechanisms were also found to be appropriate and effective. Consequently, the Commission approved the Daracon Group Transport Enterprise Agreement 2022.

The Fair Work Commission ordered that the Daracon Group Transport Enterprise Agreement 2022 be approved and registered, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would govern the employment of the workers within the Daracon Group. The decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement was fair, effective, and compliant with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established