DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Demacs Constructions (Aust) Pty Ltd
(AG2020/3031)

DEMACS CONSTRUCTIONS (AUST) PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 19 NOVEMBER 2020

Application for approval of the Demacs Constructions (Aust) Pty Ltd Civil Construction Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Demacs Constructions (Aust) Pty Ltd Civil Construction Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Demacs Constructions (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2020. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Demacs Constructions (Aust) Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement, the Civil Construction Enterprise Agreement 2020. The application involved determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on specific provisions within the agreement that were contested by the Construction, Forestry, Maritime, Mining and Energy Union. The union argued that certain clauses did not comply with the provisions of the Act and were therefore not eligible for approval.

The legal issues the court needed to address included whether the agreement contained the necessary minimum terms and conditions as required by the Fair Work Act, whether the agreement had been made in good faith, and if the agreement adequately covered the relevant workforce. The union raised objections specifically concerning provisions related to pay rates, hours of work, and the process for resolving workplace disputes. The court was required to assess these provisions against the statutory framework to determine their validity and compliance.

In delivering the decision, the Fair Work Commission examined each contested provision in detail. The Commission found that, while some of the provisions were in need of minor adjustments, the overall agreement met the necessary legal standards. The Commission concluded that the agreement was made in good faith and covered the relevant workforce adequately. Consequently, the application for approval was granted with some modifications to specific clauses to ensure compliance with the Fair Work Act. The modified agreement was subsequently approved, providing a legally binding framework for the employment conditions within the specified enterprise.

The final orders included the approval of the Civil Construction Enterprise Agreement 2020, subject to the modifications made by the Commission. These modifications ensured that the agreement complied with the statutory requirements, and the agreement was subsequently registered as a valid enterprise agreement under the Fair Work Act.

Demacs Constructions (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