DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davcon Constructions Pty Ltd
(AG2016/402)

DAVCON CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 APRIL 2016

Application for approval of the Davcon Constructions Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Davcon Constructions Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davcon Constructions Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2016. The nominal expiry date of the Agreement is 5 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Davcon Constructions Pty Ltd applied for the approval of its enterprise agreement by the Fair Work Commission. The application was brought pursuant to section 234 of the Fair Work Act 2009, seeking to have the Davcon Constructions Pty Ltd Enterprise Agreement 2016 - 2020 approved as a registered agreement. The applicant argued that the agreement was suitable for registration, while the respondent, the Australian Building and Construction Commission, opposed the application on various grounds.

The primary legal issues before the court were whether the enterprise agreement met the statutory requirements for approval and registration, and whether the agreement was in the interests of the employees. The court had to determine if the agreement complied with the relevant provisions of the Fair Work Act, including whether it provided for appropriate minimum terms and conditions of employment and if it was fairly negotiated. Additionally, the court considered whether the agreement provided for fair dispute resolution mechanisms and if it was likely to promote harmonious, productive and cooperative workplace relations.

In assessing the agreement, the Fair Work Commission examined the contents of the agreement and the evidence presented by both parties. The Commission found that the agreement contained provisions that met the statutory requirements for approval, including provisions for minimum terms and conditions, such as pay rates and leave entitlements, as well as provisions for dispute resolution mechanisms. The Commission was satisfied that the agreement was fairly negotiated and provided for appropriate terms and conditions of employment. The Commission also considered the interests of the employees and determined that the agreement was likely to promote harmonious, productive and cooperative workplace relations. Accordingly, the Commission approved the Davcon Constructions Pty Ltd Enterprise Agreement 2016 - 2020 as a registered agreement.

The final orders of the court were that the Davcon Constructions Pty Ltd Enterprise Agreement 2016 - 2020 was approved as a registered agreement, effective from the date of the decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would remain in force until the earlier of its expiry date or the making of a new registered agreement. The approval of the agreement meant that it would have the force of a registered agreement under the Fair Work Act, and would be binding on the parties and their employees.

Davcon Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established