Deeric Holdings Pty Ltd

[2013] FWCA 2206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Deeric Holdings Pty Ltd
(AG2013/753)

DEERIC HOLDINGS PTY LTD AN3 PROJECT ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 APRIL 2013

Application for approval of the Deeric Holdings Pty Ltd AN3 Project Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Deeric Holdings Pty Ltd AN3 Project Enterprise Agreement 2013 (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] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[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 two years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Deeric Holdings Pty Ltd applied for the approval of the Deeric Holdings Pty Ltd AN3 Project Enterprise Agreement 2013. The Fair Work Commission heard the application, with the applicant being represented by counsel and the respondent, the Building, Construction, Forestry, Maritime, Mining and Energy Union, being represented by an authorised officer. The agreement was to cover employees who were part of the workforce of the applicant and who were involved in the AN3 Project, which was the construction of a new nuclear power station. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009.

The primary legal issue was whether the agreement was a bona fide enterprise agreement and met the criteria set out in the Fair Work Act. This involved determining if the agreement covered a single enterprise, was made in good faith, and did not contain any prohibited content. The court also considered whether the agreement was fair and reasonable, taking into account the nature of the work and the interests of the employees. The Commission had to assess the evidence presented and decide whether the agreement was suitable for approval.

The Fair Work Commission found that the agreement was a bona fide enterprise agreement. The court concluded that the agreement covered a single enterprise, was made in good faith, and did not contain any prohibited content. It also found that the agreement was fair and reasonable, taking into account the nature of the work and the interests of the employees. The Commission was satisfied that the agreement provided for appropriate mechanisms for resolving disputes and that it was in line with the objectives of the Fair Work Act. Therefore, the application for approval was successful.

The Fair Work Commission approved the Deeric Holdings Pty Ltd AN3 Project Enterprise Agreement 2013. The agreement was to be registered and would apply to the employees covered by its terms. This decision marked an important step forward in the construction of the new nuclear power station, as it provided a framework for the relationship between the employer and the employees involved in the project. The Commission's approval of the agreement was based on its finding that it met all the necessary legal criteria and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established