David Campbell Building Pty Limited

[2022] FWCA 3610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

David Campbell Building Pty Limited

(AG2022/4127)

David Campbell Building Pty Ltd Enterprise Agreement 2022 - 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 OCTOBER 2022

Application for approval of the David Campbell Building Pty Ltd Enterprise Agreement 2022 – 2026

An application has been made for approval of an enterprise agreement known as the David Campbell Building Pty Ltd Enterprise Agreement 2022 – 2026 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, 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, in accordance with section 54 of the Act, will operate from 24 October 2022. The nominal expiry date of the Agreement is 16 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved David Campbell Building Pty Limited, an employer, and its employees, who were members of the Building and Construction Union. The dispute centred around the application for approval of the David Campbell Building Pty Ltd Enterprise Agreement 2022–2026. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement complied with the procedural and substantive requirements set out in the Act. The Commission needed to examine whether the agreement had been made in good faith, whether it had been properly negotiated, and if it included all the necessary minimum terms and conditions of employment. Additionally, the Commission considered whether the agreement was likely to have a positive effect on the enterprise, its employees, and the broader economy.

In reaching its decision, the Fair Work Commission evaluated the evidence provided by both parties. It considered the process by which the agreement was negotiated, the extent of employee and employer consultation, and the fairness of the terms and conditions within the agreement. The Commission found that the agreement had been made in good faith and had undergone a proper negotiation process. Furthermore, it determined that the agreement contained all the required minimum terms and conditions and would have a positive effect on the enterprise, its employees, and the broader economy.

Consequently, the Fair Work Commission approved the David Campbell Building Pty Ltd Enterprise Agreement 2022–2026, deeming it compliant with the necessary legal requirements. This decision ensures that the terms and conditions of employment for the employees will be governed by the agreed-upon provisions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established