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

[2014] FWCA 8523

FAIR WORK COMMISSION

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
(AG2014/8648)

DEPC ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 NOVEMBER 2014

Application for approval of the DEPC Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DEPC Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the 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 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 was approved on 27 November 2014 and, in accordance with s.54, will operate from 4 December 2014. The nominal expiry date of the Agreement is 1 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE411429 PR558310>
Annexure A

CaseChat Overview and Summary

Dawn Express Partitioning & Construction Pty Ltd as trustee for Alan Lo Unit Trust trading as Dawn Express Partitioning & Construction sought approval of the Dawn Express Partitioning & Construction Enterprise Agreement 2014. The applicant argued that the agreement was a fair and reasonable one and should be approved. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement was genuinely negotiated, provided for appropriate processes for the resolution of disputes and allowed for the parties to be free from interference in their association, and whether the agreement was otherwise fair and reasonable. The Commission found that the agreement was genuinely negotiated, contained appropriate processes for the resolution of disputes, and allowed for the parties to be free from interference in their association. It also found that the agreement was fair and reasonable, and therefore approved it. The Commission found that the agreement was genuinely negotiated, contained appropriate processes for the resolution of disputes, and allowed for the parties to be free from interference in their association. It also found that the agreement was fair and reasonable, and therefore approved it. The applicant was successful in its application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established