Dawsons Maintenance Contractors Pty Ltd Summary

[2013] FWCA 4554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dawsons Maintenance Contractors Pty Ltd
(AG2013/6913)

DAWSONS MAINTENANCE CONTRACTORS ENTERPRISE AGREEMENT 2013

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 11 JULY 2013

Application for approval of the Dawsons Maintenance Contractors Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dawsons Maintenance Contractors Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met. An undertaking concerning clauses 3.4.1, 3.3.3 to 3.3.7, and 3.8.1 has also been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 18 July 2013. The nominal expiry date of the Agreement is 10 July 2017.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

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 2013. The applicant sought the agreement's approval under section 188 of the Fair Work Act 2009. The dispute involved the terms of the proposed agreement and whether it met the legal standards for approval.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly sections concerning the negotiation, content, and approval of enterprise agreements. Specifically, the Commission needed to determine if the agreement was fairly negotiated and if it contained the necessary minimum terms and conditions as prescribed by the Act.

The Fair Work Commission, after examining the submissions and evidence, determined that the agreement was fairly negotiated and met the legal requirements for approval. The Commission found that the agreement contained all the necessary minimum terms and conditions and did not disadvantage employees in a manner contrary to the objectives of the Fair Work Act. Consequently, the Commission approved the agreement under section 188 of the Fair Work Act 2009.

The Fair Work Commission approved the Dawsons Maintenance Contractors Enterprise Agreement 2013, confirming its compliance with the legal standards and the Fair Work Act. The approval took effect from the date of the Commission's decision, ensuring that the terms of the agreement were legally binding and enforceable.

Dawsons Maintenance Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established