DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decmil Southern Pty Ltd
(AG2018/891)

DECMIL SOUTHERN PTY LTD/AUSTRALIAN WORKERS UNION, GREENFIELDS AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2018

Application for approval of the Decmil Southern Pty Ltd/Australian Workers Union, Greenfields Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Decmil Southern Pty Ltd/Australian Workers Union, Greenfields Agreement 2017 (Agreement). The application was made by Decmil Southern Pty Ltd trading as Decmil Southern pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 1 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers Union, Greenfields Branch sought approval of an enterprise agreement with Decmil Southern Pty Ltd. The agreement, if approved, would apply to approximately 11 employees of Decmil, who are involved in the construction of various infrastructure projects in South Australia. The union argued that the agreement provided fair and reasonable terms and conditions for the employees, while Decmil contended that certain provisions of the agreement were overly restrictive and would impose unnecessary costs and operational burdens.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees. In particular, Decmil challenged the agreement's provisions on shift patterns, rostering, and the use of subcontractors. The Commission had to determine whether these provisions were reasonable in the circumstances and whether they provided for fair and reasonable terms and conditions for the employees.

After considering the submissions of both parties, the Commission found that the agreement generally provided for fair and reasonable terms and conditions for the employees. While Decmil raised concerns about certain provisions, the Commission was satisfied that these provisions were reasonable in the circumstances and did not impose undue burdens on Decmil. The Commission noted that the agreement provided for a flexible and responsive approach to rostering, which was appropriate given the nature of the work involved. The Commission also found that the use of subcontractors was reasonable, given the specific circumstances of the agreement. Overall, the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees and that it complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the enterprise agreement between the Australian Workers Union, Greenfields Branch, and Decmil Southern Pty Ltd. The agreement, which applies to approximately 11 employees involved in the construction of various infrastructure projects in South Australia, provides for fair and reasonable terms and conditions for the employees. The Commission found that the agreement was reasonable in the circumstances and did not impose undue burdens on Decmil. The approval of the agreement ensures that the employees will benefit from fair and reasonable terms and conditions of employment, while also providing Decmil with the flexibility it needs to operate effectively in the construction industry.

Decmil Southern 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