DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Degnan Constructions Pty Ltd
(AG2018/2079)

DEGNAN CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 AUGUST 2018

Application for approval of the Degnan Constructions Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Degnan Constructions Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Degnan Constructions Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 13 August 2018 and, in accordance with s.54, will operate from 20 August 2018. The nominal expiry date of the Agreement is 13 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Degnan Constructions Pty Ltd recently faced a legal challenge regarding the approval of their Enterprise Agreement for the period 2018 to 2022. The dispute arose when objections were raised, and the matter was brought before the Fair Work Commission (FWC) to determine the validity of the agreement. The key issue was whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and met the necessary requirements for approval.

The FWC was tasked with evaluating several legal aspects of the agreement. These included ensuring that the agreement was not less favourable than the applicable awards or safety nets, that it was made in good faith, and that the appropriate bargaining representatives had been involved. Additionally, the FWC considered whether the agreement had been genuinely negotiated and whether it met the criteria for a simplified bargaining process.

In delivering its decision, the FWC carefully examined the evidence and arguments presented by both parties. The Commission found that the agreement largely met the statutory requirements. It was not less favourable than the relevant awards, and the negotiation process was deemed to be genuine. The FWC also concluded that the agreement was made in good faith and that the bargaining representatives were appropriately involved. Consequently, the FWC approved the Enterprise Agreement, acknowledging its compliance with the necessary legal standards.

The final orders of the FWC confirmed the approval of the Degnan Constructions Pty Ltd Enterprise Agreement 2018-2022, ensuring that it would proceed as planned. The decision provided clarity and certainty for the parties involved, allowing the agreement to be implemented in accordance with the terms outlined.

Degnan Constructions 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