DCL Contracting Group Pty Ltd Summary

[2022] FWCA 2618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DCL Contracting Group Pty Ltd

(AG2022/2123)

DCL Enterprise Agreement 2022

Building services
COMMISSIONER SIMPSON	BRISBANE, 2 AUGUST 2022

Application for approval of the DCL Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the DCL Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Noting clause 5.3(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for approval of the DCL Enterprise Agreement 2022, submitted by DCL Contracting Group Pty Ltd. The agreement was made between DCL Contracting Group Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), the union representing the employees. The dispute centred around the terms of the proposed enterprise agreement and whether it complied with the relevant legislative framework, specifically the Fair Work Act 2009. The Commission was required to determine if the agreement met the statutory requirements for approval, including ensuring it provided for minimum terms and conditions of employment, and did not discriminate against any class of employees.

The primary legal issues before the Commission were whether the proposed agreement contained all the required minimum terms and conditions as per the Fair Work Act, and if it was free from any discriminatory provisions that would contravene the Act. Additionally, the Commission needed to assess whether the agreement had been genuinely negotiated between the parties and whether the union had properly represented the employees in the negotiation process. The Commission also considered the potential impact of the agreement on the employees' terms and conditions of employment, including wages, hours of work, leave entitlements, and other workplace provisions.

The Commission found that the proposed agreement was in compliance with the Fair Work Act. It contained all the required minimum terms and conditions, and there were no discriminatory provisions that would contravene the Act. The agreement had been genuinely negotiated between the parties, and the union had adequately represented the employees in the negotiation process. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the employees and did not have any adverse effects on their existing rights or entitlements. Therefore, the Commission approved the DCL Enterprise Agreement 2022.

As a result of the Commission's decision, the DCL Enterprise Agreement 2022 was approved and came into effect on the date specified in the agreement. The agreement now serves as the governing document for the terms and conditions of employment for the employees of DCL Contracting Group Pty Ltd, as negotiated between the employer and the union. The approval of the agreement ensures that the employees are provided with fair and reasonable terms and conditions of employment, in accordance with the requirements of the Fair Work Act.

DCL Contracting Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established