DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DECC Environmental Pty Ltd
(AG2018/6784)

DECC ENVIRONMENTAL PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT LAKE	BRISBANE, 3 MAY 2019

Application for approval of the DECC Environmental Pty Ltd Enterprise Agreement 2018

[1] DECC Environmental Pty Ltd has applied for the approval of an enterprise agreement known as the DECC Environmental Pty Ltd Enterprise Agreement 2018 (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 ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved in accordance with s.54 of the Act and will operate from 10 May 2019. The nominal expiry date of the Agreement is 10 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DECC Environmental Pty Ltd was involved in an application for the approval of the DECC Environmental Pty Ltd Enterprise Agreement 2018. This application was made in the Fair Work Commission. The nature of the dispute centred around whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. The applicant, DECC Environmental Pty Ltd, sought approval for the agreement, while the respondent, the Fair Work Commission, had the responsibility to determine the validity of the agreement.

The legal issues before the court included whether the agreement contained all the mandatory terms as required by the Fair Work Act, whether the agreement was negotiated in good faith, and whether the agreement was made in accordance with the Fair Work Act. Specifically, the court needed to consider the compliance of the agreement with section 235 of the Fair Work Act, which lists the mandatory terms that must be included in an enterprise agreement.

The court examined the application and the evidence presented by both parties. It was found that the agreement contained all the mandatory terms and was negotiated in good faith. The court was satisfied that the agreement was made in accordance with the Fair Work Act. The court noted that there were no procedural irregularities and that the agreement was beneficial to both parties, thus fulfilling the statutory requirements.

As a result, the court approved the DECC Environmental Pty Ltd Enterprise Agreement 2018. The final orders included the approval of the agreement and its registration with the Fair Work Commission, effective from the date of the decision. This decision sets a precedent for similar enterprise agreements and underscores the importance of compliance with the Fair Work Act in the negotiation and approval process.

DECC Environmental 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