DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davidson Projects Pty Ltd
(AG2014/10405)

DAVIDSON PROJECTS ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 APRIL 2015

Application for approval of the Davidson Projects Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Davidson Projects Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davidson Projects Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Davidson Projects Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2015. The nominal expiry date of the Agreement is 31 December 2018.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Davidson Projects Pty Ltd was the applicant in a proceeding brought in the Fair Work Commission, seeking approval for the Davidson Projects Enterprise Agreement 2014-2018. The application involved the determination of whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was appropriate and fair, while the respondent, a union representing the employees, contested several provisions, claiming they did not meet the statutory criteria.

The primary legal issues before the Commission were whether the agreement contained the necessary procedural fairness provisions, if it complied with the requirements for good faith bargaining, and if the agreement met the standards for being in the best interests of the employees. The Commission also had to consider if the agreement adhered to the procedural fairness requirements, including the provision of information and the opportunity for consultation, as stipulated by the Act.

The Commission reviewed the agreement and the submissions made by both parties. It found that while most provisions of the agreement were in order, certain clauses did not comply with the statutory requirements. The Commission highlighted that the agreement did not adequately provide for procedural fairness in certain areas, and that some provisions did not meet the standards of good faith bargaining. After considering these issues, the Commission determined that the agreement could be approved with certain modifications. It directed the applicant to amend specific clauses to align with the requirements of the Act.

The final orders of the Commission were that the Davidson Projects Enterprise Agreement 2014-2018 be approved with the specified modifications. The applicant was required to implement these changes within a set timeframe and to provide the Commission with evidence of compliance. The decision underscores the importance of ensuring that enterprise agreements meet all legal criteria for approval, particularly in terms of procedural fairness and good faith bargaining.

Davidson Projects Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established