DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DCL Contracting Group Pty Ltd
(AG2017/5179)

DCL ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MARCH 2018

Application for approval of the DCL Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the DCL Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DCL Contracting Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 16 March 2018. The nominal expiry date of the Agreement is 15 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DCL Contracting Group Pty Ltd recently appeared before the Fair Work Commission, where the company sought approval of the DCL Enterprise Agreement 2017. The agreement in question was intended to govern the employment conditions of certain employees within the company. The union representing the employees, however, objected to the approval of the agreement, citing several concerns regarding its provisions.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. The union argued that the agreement failed to adequately address various issues, including pay rates, working hours, and provisions for casual employees. The company, on the other hand, submitted that the agreement was a fair and reasonable one that met all necessary requirements.

The Commission carefully considered the submissions of both parties and examined the provisions of the agreement in detail. It found that while the agreement contained some provisions that were not ideal, it did not fundamentally fail to meet the statutory requirements. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and therefore approved it. The union's objections were accordingly dismissed.

In approving the agreement, the Commission made clear that certain provisions would be subject to further negotiation and review. This included provisions relating to pay rates and the treatment of casual employees. The company was directed to engage in further discussions with the union in an effort to address these issues. The union was also directed to participate in these discussions in good faith. The approval of the agreement is subject to these conditions, and the parties are required to report back to the Commission on their progress in addressing the outstanding issues.

DCL Contracting Group 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