DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daromin Engineering Pty Ltd T/A Daracon Group
(AG2017/5160)

DARACON GROUP RAIL ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 MARCH 2018

Application for approval of the Daracon Group Rail Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Daracon Group Rail Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Daromin Engineering Pty Ltd T/A Daracon Group. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2018. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Daromin Engineering Pty Ltd trading as Daracon Group and several unions representing employees in the rail industry. The dispute centred around the application for approval of the Daracon Group Rail Enterprise Agreement 2017. The case was heard in the Fair Work Commission of Australia. The legal issues that the Commission had to resolve included whether the agreement complied with the Fair Work Act 2009, and whether it met the requirements for enterprise agreements under Australian labour law.

The Fair Work Commission examined whether the agreement had been made in good faith and whether it provided for the proper regulation of employees' conditions of employment. The Commission also assessed whether the agreement provided for a fair and efficient means of resolving workplace disputes. Additionally, the Commission considered whether the agreement had been made without coercion, and whether it met the procedural fairness requirements of the Act. The unions argued that the agreement did not adequately address certain issues, including pay equity and the classification of employees.

The Fair Work Commission found that the agreement met the necessary requirements for approval. The Commission determined that the agreement was made in good faith, provided for the proper regulation of employees' conditions of employment, and offered a fair and efficient means of resolving workplace disputes. The Commission also found that the agreement was made without coercion and met the procedural fairness requirements of the Act. The Commission accepted that some issues raised by the unions had not been fully resolved, but it was satisfied that the agreement provided for a fair and efficient means of addressing those issues in the future.

As a result, the Fair Work Commission approved the Daracon Group Rail Enterprise Agreement 2017. The agreement now serves as the basis for the terms and conditions of employment for the employees covered by the agreement. The Commission's decision provides certainty for both the employer and employees and ensures that the agreement complies with Australian labour law.

Daromin Engineering Pty Ltd T/A Daracon Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established