DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dawson Formwork Contractors Pty Ltd T/A Dawson Contractors
(AG2018/4778)

DAWSON CONTRACTORS ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 FEBRUARY 2019

Application for approval of the Dawson Contractors Enterprise Agreement 2018.

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

[2] The Employer has provided written undertakings (the 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] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2019. The nominal expiry date of the Agreement is 13 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Dawson Formwork Contractors Pty Ltd, trading as Dawson Contractors, applied for approval of the Dawson Contractors Enterprise Agreement 2018. The applicant, a registered builder in the construction industry, submitted the agreement for approval under section 231 of the Fair Work Act 2009. The primary legal issue the commission had to decide was whether the agreement met the requirements of section 230 of the Act, which mandates that a registered agreement must provide for, at a minimum, the terms and conditions of employment of employees.

The commission began by examining the content of the agreement, considering whether it provided for the minimum terms and conditions as required by section 230. It noted the inclusion of provisions concerning wages, penalty rates, leave entitlements, and other employment-related terms. The commission also assessed whether the agreement complied with procedural requirements, such as the provision of copies to employees and the holding of a meeting to discuss the agreement. After reviewing the evidence and submissions, the commission concluded that the agreement satisfied the statutory requirements for approval. It found that the agreement contained all the necessary minimum terms and conditions and that the procedural requirements had been met. Consequently, the commission approved the agreement, certifying it as a registered agreement under the Act.

Dawson Formwork Contractors Pty Ltd T/A Dawson Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established