Davbridge Properties Pty Ltd

[2024] FWCA 1807

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Davbridge Properties Pty Ltd

(AG2024/1082)

DAVBRIDGE CONSTRUCTIONS ENTERPRISE AGREEMENT 2023

Building and construction industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 16 MAY 2024

Application for approval of the Davbridge Constructions Enterprise Agreement 2023

Introduction

Davbridge Properties Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Davbridge Constructions Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The notification time for the Agreement was 1 November 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The Agreement was made on 27 March 2024.

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

Casual employees

The Commission identified that 18 casual employees (out of 34 employees) were included by the Employer as employees eligible to participate in the vote on the Agreement. The Employer provided submissions showing that 17 of the 18 casual employees were employed at the time and entitled to vote. I am satisfied that in light of the Full Bench decision in Appeal by Kmart Australia Limited t/a Kmart and others [2019] FWCFB 7599, the requirement in s. 181(1) of the Act has been met.

Section 190 Undertakings

The Employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2024. The nominal expiry date of the Agreement is 16 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Davbridge Properties Pty Ltd sought approval of the Davbridge Constructions Enterprise Agreement 2023. The applicant is an employer in the construction industry and the applicant seeks to implement the agreement with its employees. The dispute involves the terms and conditions of employment for the workers, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission involved whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission had to consider whether the agreement was in the best interests of the employees and whether it provided for a fair and equitable balance between the parties.

The Commission considered the evidence and submissions from both parties and concluded that the proposed agreement provided for fair and reasonable terms and conditions of employment. The Commission found that the agreement provided for a reasonable balance of rights and obligations between the parties and that it was in the best interests of the employees. The Commission approved the Davbridge Constructions Enterprise Agreement 2023.

The Commission's approval of the agreement means that it will now become the legally binding enterprise agreement between Davbridge Properties Pty Ltd and its employees. The agreement will govern the terms and conditions of employment for the workers, including wages, hours of work, and other employment-related matters. The approval of the agreement is a significant outcome for both parties and will provide certainty and stability in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established