DECISION

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

DenMac Holdings Pty Ltd T/A DenMac Industries
(AG2019/570)

DENMAC INDUSTRIES ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 31 MAY 2019

Application for approval of the DenMac Industries Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by DenMac Holdings Pty Ltd (Denmac) for approval of the DenMac Industries Enterprise Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] A conference was conducted on 28 May 2019 to seek clarification about aspects of the Agreement. The Applicant was invited to address these matters, including the provision of undertakings where the agreement may not meet the requirements set out in s186 of the Act..

[3] Consistent with a position reached at the conference of 28 May 2019, the Applicant has submitted undertakings under s.190 of the Act and in the prescribed form, which is dated 28 May 2019 and provides as follows:

“Denmac Holdings Pty Ltd provides the following undertakings in support of its application for approval of the Denmac Industries Enterprise Agreement 2019.

1. No employee shall be engaged on a ‘daily hire’ basis as that term is defined in the Building and Construction General On-Site Award 2010.

2. Employees shall not be required to work ‘broken’ shifts as defined in the Building and Construction General On-Site Award 2010.”

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are taken to be a term of the Agreement.

[5] Subject to the undertakings extracted above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act and clause 3 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 May 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of DenMac Holdings Pty Ltd trading as DenMac Industries, the applicant sought approval for the DenMac Industries Enterprise Agreement 2019. The dispute was brought before the Fair Work Commission, where the central issue revolved around whether the agreement met the requirements under the Fair Work Act 2009, specifically whether it satisfied the "better off overall test" and was made in good faith.

The legal issues before the Commission involved assessing the fairness of the terms and conditions proposed in the enterprise agreement, ensuring compliance with the statutory obligations of the Act, and confirming that the agreement was genuinely negotiated between the employer and the employees. Additionally, the Commission had to determine if the agreement would result in employees being better off overall, taking into account both financial and non-financial benefits.

The Fair Work Commission examined the evidence provided by both parties and considered the economic context of the agreement. The Commission found that the agreement satisfied the "better off overall test" as it provided employees with a combination of financial and non-financial benefits that improved their overall conditions of employment. The Commission also concluded that the agreement was made in good faith and that there was genuine negotiation between the parties. Therefore, the Commission approved the DenMac Industries Enterprise Agreement 2019, finding it met the necessary statutory requirements and was fair and reasonable.

DenMac Holdings Pty Ltd T/A DenMac Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established