Decmil Australia Pty Ltd

[2023] FWCA 2426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Decmil Australia Pty Ltd

(AG2023/2316)

DECMIL AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 3 AUGUST 2023

Application for approval of the Decmil Australia Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Decmil Australia Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decmil Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Noting the undertakings provided and clause 3.3 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 from seven days after approval in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 3 August 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Decmil Australia Pty Ltd, the applicant, and various trade unions, the respondents, regarding the approval of the Decmil Australia Enterprise Agreement 2023. The application was for the endorsement of the agreement, which outlined the terms and conditions of employment for the employees covered by the agreement. The dispute arose from the respondents' objections to certain provisions of the agreement, specifically concerning pay rates, classification, and conditions of employment.

The legal issues before the Commission included whether the agreement met the criteria for endorsement under the Fair Work Act 2009. Key considerations were whether the agreement provided for fair and reasonable terms and conditions, did not adversely affect employees' ability to bargain collectively, and complied with the "better off overall test." Additionally, the Commission had to determine whether the agreement met the requirements for "single-enterprise" agreements and whether it contained any provisions that were contrary to public policy.

In delivering its decision, the Commission noted that the agreement generally provided for fair and reasonable terms and conditions for the employees. It was found to meet the "better off overall test" as the majority of employees would be no worse off and some would be better off. The Commission also found that the agreement did not adversely affect the ability of employees to bargain collectively and complied with the requirements for single-enterprise agreements. Despite the respondents' objections, the Commission concluded that the agreement did not contain any provisions contrary to public policy.

The Fair Work Commission approved the Decmil Australia Enterprise Agreement 2023, endorsing it as meeting the necessary legal criteria for endorsement. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, to not adversely affect collective bargaining, and to comply with the statutory requirements. The Commission's decision was based on the balance of benefits and detriments to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established