DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decmil Southern Pty Ltd T/A Decmil
(AG2018/3754)

DECMIL SOUTHERN PTY LTD / AUSTRALIAN WORKERS UNION, CIVIL CONSTRUCTION AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 27 SEPTEMBER 2018

Application for approval of the Decmil Southern Pty Ltd / Australian Workers Union, Civil Construction Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Decmil Southern Pty Ltd / Australian Workers Union, Civil Construction Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decmil Southern Pty Ltd T/A Decmil. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2018. The nominal expiry date of the Agreement is 26 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Decmil Southern Pty Ltd, trading as Decmil, and the Australian Workers Union sought approval of a new enterprise agreement from the Fair Work Commission. The agreement, if approved, would govern the employment conditions of certain workers in the civil construction industry. The application for approval was brought before the Fair Work Commission, where the central legal issues focused on whether the agreement met the statutory requirements for approval and if it provided for fair and reasonable terms for the employees.

The Commission examined whether the agreement was genuinely negotiated between the employer and the union, if it complied with the relevant provisions of the Fair Work Act 2009, and if it provided for fair and reasonable terms and conditions for the employees. The court scrutinised the negotiation process, the contents of the agreement, and the protections offered to employees under the proposed terms. It considered whether the agreement met the standards of procedural fairness and substantive fairness, ensuring it was not detrimental to the employees.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the agreement was genuinely negotiated, complied with the statutory requirements, and provided fair and reasonable terms for the employees. The Commission approved the Australian Workers Union, Civil Construction Agreement 2018, acknowledging the efforts of both Decmil and the union in reaching a fair and balanced agreement. The decision was made in the interest of ensuring fair and reasonable employment conditions for the workers covered by the agreement.

Decmil Southern Pty Ltd T/A Decmil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established