Demacs Constructions (Aust) Pty Ltd

[2013] FWCA 8462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Demacs Constructions (Aust) Pty Ltd
(AG2013/9865)

DEMACS CONSTRUCTIONS (AUST) PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 11 NOVEMBER 2013

Application for approval of the Demacs Constructions (Aust) Pty Ltd Civil Construction Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 22 October 2013 by Demacs Constructions (Aust) Pty Ltd for the approval of a single-enterprise agreement known as the Demacs Constructions (Aust) Pty Ltd Civil Construction Enterprise Agreement 2013 (“the 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] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Demacs Constructions (Aust) Pty Ltd, sought approval of the Demacs Constructions (Aust) Pty Ltd Civil Construction Enterprise Agreement 2013. This agreement was proposed to regulate the employment terms and conditions of employees within the civil construction industry. The matter was heard by the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was in the public interest and met the criteria for approval as set out in the Fair Work Act. The Commission needed to determine if the agreement provided a safety net of minimum entitlements, facilitated flexibility, and encouraged enterprise bargaining. The applicant argued that the agreement achieved these objectives, while the respondent contended that it fell short in several areas.

In reaching its decision, the Commission examined the provisions of the agreement, particularly in relation to wage rates, working conditions, and dispute resolution mechanisms. The Commission considered submissions from both parties and relevant industry benchmarks. Ultimately, the Commission found that the agreement provided a fair and reasonable balance of interests, met the statutory criteria, and would facilitate efficient enterprise bargaining in the industry. The Commission approved the agreement, recognising its potential to contribute positively to the civil construction sector.

The Fair Work Commission approved the Demacs Constructions (Aust) Pty Ltd Civil Construction Enterprise Agreement 2013, determining it to be in the public interest and meeting the necessary criteria under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established