DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dawn Express Partitioning & Construction Pty Ltd as trustee for Alan Lo Unit Trust T/A Dawn Express Partitioning & Construction
(AG2018/7224)

DEPC ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 MAY 2019

Application for approval of the DEPC Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the DEPC Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dawn Express Partitioning & Construction Pty Ltd as trustee for Alan Lo Unit Trust T/A Dawn Express Partitioning & Construction. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dawn Express Partitioning & Construction Pty Ltd as trustee for Alan Lo Unit Trust T/A Dawn Express Partitioning & Construction applied to the Fair Work Commission for approval of the DEPC Enterprise Agreement 2018. The application was made under the Fair Work Act 2009 and the matter was heard by Deputy President A.J. Smith. The dispute centred on the proposed changes to the agreement, which had been negotiated between the employer and the employees' representative, the Building and Construction General On-Site Union. The key legal issues were whether the agreement complied with the requirements of the Act and whether it met the "better off overall test".

The Deputy President examined the agreement clause by clause, considering the changes proposed and their impact on the employees. The Deputy President noted that the Building and Construction General On-Site Union had certified the agreement as a protected action in good faith and that the agreement had been negotiated in good faith. The Deputy President also considered the evidence provided by the parties, including the submissions made by the employer and the employees' representative. The Deputy President found that the agreement met the "better off overall test" and was in compliance with the Act. The Deputy President approved the DEPC Enterprise Agreement 2018.

The Deputy President's decision was based on the evidence before the Commission and the application of the relevant statutory provisions. The Deputy President found that the agreement provided for a fair and reasonable outcome for both the employer and the employees. The Deputy President approved the agreement, which will now form the basis of the employment relationship between the employer and the employees. The approval of the agreement is a significant step forward for both parties and will ensure that the employees are fairly remunerated for their work.

Dawn Express Partitioning & Construction Pty Ltd as trustee for Alan Lo Unit Trust T/A Dawn Express Partitioning & Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established