DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dawson Contractors Pty Ltd
(AG2015/3509)

DAWSON CONTRACTORS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 AUGUST 2015

Application for approval of the Dawson Contractors Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dawson Contractors Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dawson Contractors Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 11 August 2015 and, in accordance with s.54, will operate from 18 August 2015. The nominal expiry date of the Agreement is 11 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for the approval of the Dawson Contractors Enterprise Agreement 2015. The application was made by the respondent, Dawson Contractors Pty Ltd, seeking approval for the agreement that was negotiated between the company and the unions representing the employees. The unions involved were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Australian Manufacturing Workers Union (AMWU). The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The key legal issues before the FWC were whether the agreement had been made in good faith and whether it contained the mandated minimum terms and conditions. The FWC considered whether the agreement complied with the provisions of the Fair Work Act, including the requirement that it provide for fair and reasonable terms and conditions, and whether it was made without coercion or undue influence. Additionally, the FWC assessed whether the agreement met the procedural requirements, such as proper consultation and notice to employees.

In its decision, the FWC examined the evidence provided by both parties and the terms of the agreement itself. The FWC concluded that the agreement had been made in good faith and contained the mandated minimum terms and conditions. The FWC found that the negotiation process had been conducted appropriately and that the agreement was fair and reasonable. The FWC also determined that the procedural requirements were met, including adequate consultation and notice to employees. Consequently, the FWC approved the Dawson Contractors Enterprise Agreement 2015.

The FWC's final order was to approve the Dawson Contractors Enterprise Agreement 2015, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement, and the terms and conditions set out in the agreement were to govern the employment relationship between the employer and the employees. The approval ensured that the agreement was legally binding and enforceable, providing a framework for the employment conditions of the parties involved.

Dawson Contractors 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