DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dawsons Maintenance Contractors Pty Ltd
(AG2018/4807)

DAWSONS MAINTENANCE CONTRACTORS ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2019

Application for approval of the Dawsons Maintenance Contractors Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dawsons Maintenance 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 Dawsons Maintenance Contractors Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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 is approved and, in accordance with s.54 of the Act, will operate from 15 January 2019. The nominal expiry date of the Agreement is 7 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dawsons Maintenance Contractors Pty Ltd applied to the Fair Work Commission for the approval of the Dawsons Maintenance Contractors Enterprise Agreement 2018. The application was contested by the Shop, Distributive and Allied Employees' Association (SDA). The dispute centred on whether the terms of the proposed agreement complied with the Fair Work Act 2009, including the provisions for minimum rates of pay, penalty rates, and other employment conditions.

The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment. Key issues included whether the proposed minimum rates of pay and penalty rates were consistent with the safety net provided by the Act and whether the agreement contained provisions that were contrary to public policy.

The Fair Work Commission found that the proposed agreement did not comply with certain provisions of the Fair Work Act. The Commission determined that the agreement did not provide for adequate minimum rates of pay and did not appropriately reflect the safety net provided by the Act. Additionally, the Commission found that certain provisions in the agreement were contrary to public policy. As a result, the application for approval of the enterprise agreement was dismissed.

The Commission ordered that the application be dismissed and that the enterprise agreement remain unregistered. The parties were directed to negotiate in good faith to address the issues identified by the Commission and to submit an amended agreement for approval if they wished to do so.

Dawsons Maintenance 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