DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Demacs Construction (Aust) Pty Ltd
(AG2016/6549)

DEMACS CONSTRUCTION (AUST) PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 NOVEMBER 2016

Application for approval of the Demacs Construction (Aust) Pty Ltd Civil Construction Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Demacs Construction (Aust) Pty Ltd Civil Construction Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Demacs Construction (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 is approved and, in accordance with s.54 of the Act, will operate from 14 November 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Demacs Construction (Aust) Pty Ltd, which sought approval of the Demacs Construction (Aust) Pty Ltd Civil Construction Enterprise Agreement 2016. The application was brought before the Fair Work Commission, the body responsible for the approval process. The dispute arose from the employer's desire to implement a new enterprise agreement, which the union opposed on several grounds. The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness, the nature of the terms and conditions, and the impact on the employees' rights and protections.

The Commission began by examining whether the agreement had been fairly negotiated, as required by the legislation. It was established that the negotiation process had been conducted in good faith and that the union had been given reasonable opportunity to participate. The Commission then considered the substantive provisions of the agreement, including wages, hours of work, and other employment conditions. It was noted that the agreement provided for fair and reasonable terms that did not unjustifiably undermine the employees' rights. The Commission also assessed the overall impact of the agreement on the employees, ensuring that it did not have an adverse effect on their conditions of employment.

In light of the above considerations, the Commission concluded that the Demacs Construction (Aust) Pty Ltd Civil Construction Enterprise Agreement 2016 met the statutory requirements and was, therefore, approved. The decision was based on the determination that the agreement was made in good faith, provided for fair and reasonable terms, and did not unjustifiably weaken the employees' rights. The Commission's decision is a reminder of the importance of ensuring that enterprise agreements are negotiated fairly and provide for appropriate employee protections.

Demacs Construction (Aust) 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