DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decmil Engineering Pty Ltd
(AG2015/49)

DECMIL ENGINEERING ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 4 FEBRUARY 2015

Application for approval of the Decmil Engineering Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Decmil Engineering Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decmil Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Decmil Engineering Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2015. The nominal expiry date of the Agreement is 3 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Decmil Engineering Pty Ltd sought approval for the Decmil Engineering Enterprise Agreement 2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The dispute arose as the parties could not agree on certain terms, leading to the application for the Commission's intervention.

The legal issues before the Commission included whether the agreement complied with the requirements set out in the Fair Work Act, particularly concerning the provisions for employee protection, the fairness of the terms, and the process by which the agreement was made. The Commission also needed to consider whether the agreement was genuinely negotiated between the employer and the employees and whether it addressed the needs of the workforce adequately.

The Fair Work Commission assessed the agreement based on the statutory criteria, examining the bargaining process and the content of the agreement. The Commission concluded that the agreement met the necessary standards for approval. It found that the agreement was fairly negotiated and provided adequate protections for employees. The terms were considered fair and reasonable in the context of the industry and the economic environment. The Commission determined that the agreement should be approved and registered.

In its decision, the Commission approved the Decmil Engineering Enterprise Agreement 2015, finding it to be in compliance with the relevant legislative provisions. The agreement was registered, and it would now apply to the employees covered by the enterprise. This decision provided certainty to both the employer and the employees, ensuring that the terms of employment were legally binding and enforceable.

Decmil Engineering Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established