Decmil Australia Pty Ltd T/A Decmil Australia Summary

[2014] FWCA 2801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decmil Australia Pty Ltd T/A Decmil Australia
(AG2014/544)

DECMIL AUSTRALIA PILBARA PROJECTS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 APRIL 2014

Application for approval of the Decmil Australia Pilbara Projects Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Decmil Australia Pilbara Projects Enterprise Agreement 2014 (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 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) received an application for approval of the Decmil Australia Pilbara Projects Enterprise Agreement 2014. The application was brought by Decmil Australia Pty Ltd, trading as Decmil Australia, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute involved the terms and conditions of employment for workers in the Pilbara region, which is located in Western Australia. The FWC was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the FWC were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it contained the necessary protections and entitlements for employees. Specifically, the FWC had to consider if the agreement complied with the provisions of the Fair Work Act, particularly section 233, which sets out the criteria for an enterprise agreement to be certified as meeting the "better off overall test" (BOOT). This test ensures that employees are not worse off financially or in terms of conditions compared to their previous agreements or the applicable awards.

The FWC examined the submissions from both parties and reviewed the terms of the agreement. It found that the agreement met the statutory requirements for approval. The FWC noted that the agreement contained provisions for wages, leave, hours of work, and other employment conditions that were fair and reasonable. Additionally, the agreement included protections and entitlements that aligned with the Fair Work Act and relevant awards. The FWC determined that the agreement satisfied the BOOT, as it provided employees with benefits that were, on balance, better than those under the previous agreement or applicable awards.

As a result, the FWC approved the Decmil Australia Pilbara Projects Enterprise Agreement 2014. The agreement now serves as the basis for the terms and conditions of employment for the relevant workers in the Pilbara region. The approval signifies that the agreement meets the statutory standards for fairness and reasonableness, and it provides adequate protections and entitlements for the employees covered by the agreement.

Decmil Australia Pty Ltd T/A Decmil Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established