Demolition Plus Contracting Pty Ltd

[2014] FWCA 3058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Demolition Plus Contracting Pty Ltd
(AG2014/5181)

DEMOLITION PLUS CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2014-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 8 MAY 2014

Application for approval of the Demolition Plus Contracting Pty Ltd Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the
Demolition Plus Contracting Pty Ltd Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Demolition Plus Contracting Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 15 May 2014. The nominal expiry date of the Agreement is 15 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Demolition Plus Contracting Pty Ltd sought approval of its Enterprise Agreement 2014-2017, which had been submitted to the Fair Work Commission. The Australian Manufacturing Workers' Union opposed the application, arguing that the agreement failed to provide adequate protection for employees' wages and conditions. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement provided for the fair and reasonable terms and conditions of employment. This included assessing whether the agreement adequately protected the wages and conditions of employees, and whether it complied with the "better off overall test" as required by the Fair Work Act. The Commission also needed to consider whether the agreement was genuinely negotiated and whether it was in the best interests of the employees.

After carefully reviewing the agreement and the submissions from both parties, the Commission found that the Enterprise Agreement 2014-2017 met the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it adequately protected the wages and conditions of employees. The Commission also found that the agreement complied with the "better off overall test" and was genuinely negotiated. Consequently, the Commission approved the enterprise agreement.

In light of the findings, the Fair Work Commission approved the Demolition Plus Contracting Pty Ltd Enterprise Agreement 2014-2017, subject to the terms and conditions outlined in the agreement. The decision confirmed the validity of the agreement and provided a framework for the employment terms and conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established