DBS QLD Pty Ltd

[2018] FWCA 4727

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

DBS QLD Pty Ltd

(AG2018/1311)

DBS QLD Pty Ltd Enterprise Agreement 2018

Building, metal and civil construction industries
Commissioner McKinnon	MELBOURNE, 10 AUGUST 2018

Application for approval of the DBS QLD Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the DBS QLD Pty Ltd 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 DBS QLD Pty Ltd. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s. 190. 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DBS QLD Pty Ltd was the applicant seeking approval of the DBS QLD Pty Ltd Enterprise Agreement 2018, and the relevant unions were the respondents. The matter was heard in the Fair Work Commission. The central issue for the Commission to determine was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically in relation to minimum entitlements and if it was in the best interests of the employees.

The Commission considered whether the agreement provided for minimum entitlements as prescribed by the Act, including minimum wages, penalty rates, leave provisions, and other conditions of employment. The Commission also examined if the agreement was free from any improper influence or coercion, and whether it was negotiated in good faith. The applicants argued that the agreement met all statutory requirements and was beneficial to the employees, while the respondents raised concerns about certain provisions.

Upon review, the Commission found that the agreement did comply with the statutory minimum entitlements and did not contain any elements of coercion. It was also determined that the agreement was negotiated in good faith and was in the best interests of the employees. Consequently, the Commission approved the DBS QLD Pty Ltd Enterprise Agreement 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established