DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Demolition Plus Contracting Pty Limited
(AG2018/1645)

DEMOLITION PLUS CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 SEPTEMBER 2018

Application for approval of the Demolition Plus Contracting Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Demolition Plus Contracting 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 Demolition Plus Contracting Pty Limited. 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.

[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 25 September 2018. The nominal expiry date of the Agreement is 17 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Demolition Plus Contracting Pty Limited was the subject of an application before the Fair Work Commission for approval of the Demolition Plus Contracting Pty Ltd Enterprise Agreement 2018-2022. The application was brought by the Construction, Forestry, Maritime, Mining and Energy Union, which represents the employees. The union argued that the proposed agreement should be approved as it met the requirements for a "modern award" under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement was a "modern award" as defined in section 171 of the Fair Work Act. A "modern award" must include all the terms of a national system award applicable to the employees, provide at least the same terms and conditions as the applicable award, and not provide terms and conditions that are less favourable than the applicable award. The Commission had to determine if the proposed agreement met these criteria.

The Commission found that the proposed agreement was a "modern award" because it contained all the terms of the relevant national system award, provided at least the same terms and conditions, and did not provide terms that were less favourable. The Commission noted that the agreement addressed a number of issues that were not covered by the applicable award, such as provisions on flexible working arrangements, parental leave, and the handling of grievances and disputes. These provisions were not less favourable than the award and, in some cases, provided more favourable terms. The Commission also found that the agreement provided for appropriate consultation and communication processes, which were not specified in the award.

The Commission approved the application, and the Demolition Plus Contracting Pty Ltd Enterprise Agreement 2018-2022 was registered as a modern award. This decision ensures that the employees will benefit from the improved terms and conditions provided in the agreement, while also maintaining the protections afforded by the applicable award.

Demolition Plus Contracting Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established