DECISION

Fair Work Act 2009
s.185—Enterprise agreement

David Campbell Building Pty Limited T/A David Campbell Building Pty Ltd
(AG2018/1215)

DAVID CAMPBELL BUILDING PTY LTD ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 25 JULY 2018

Application for approval of the David Campbell Building Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the David Campbell Building Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by David Campbell Building Pty Limited T/A David Campbell Building Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 1 August 2018. The nominal expiry date of the Agreement is 24 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, David Campbell Building Pty Limited, trading as David Campbell Building Pty Ltd, applied for approval of the David Campbell Building Pty Ltd Enterprise Agreement 2018-2022. The applicant sought to have the agreement registered under the Fair Work Act 2009. The application was made in light of the employer and employees’ representatives reaching an agreement on the terms of the enterprise agreement. The legal issues before the Commission involved determining whether the agreement met the requirements for approval under the Act. Specifically, the Commission needed to ascertain whether the agreement had been made in good faith, whether it contained the necessary minimum terms, and whether it complied with any other statutory obligations.

The Commission examined the evidence and submissions from both parties, focusing on the negotiation process, the content of the agreement, and its compliance with the Act. The Commission found that the agreement had been made in good faith, as evidenced by the thorough negotiation process involving multiple meetings and submissions. The agreement contained all the required minimum terms and was consistent with the provisions of the Act. Furthermore, the Commission noted that the agreement did not contravene any other statutory obligations and was fair and reasonable in its terms. Based on these findings, the Commission determined that the agreement met the criteria for approval under the Fair Work Act.

Consequently, the Fair Work Commission approved the David Campbell Building Pty Ltd Enterprise Agreement 2018-2022. The decision was made on the basis that the agreement had been negotiated in good faith, contained all necessary minimum terms, and complied with all relevant statutory requirements. The agreement was deemed fair and reasonable, and thus eligible for registration under the Act. The Commission’s decision was final and binding, effective from the date of registration.

David Campbell Building Pty Limited T/A David Campbell Building 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