DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Denrith Pty Ltd
(AG2017/3597)

DENRITH CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER MCKINNON	MELBOURNE, 11 JANUARY 2018

Application for approval of the Denrith Civil Construction Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Denrith Civil Construction Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Denrith Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 18 January 2018. The nominal expiry date of the Agreement is 10 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Denrith Pty Ltd sought approval of the Denrith Civil Construction Enterprise Agreement 2017 from the Fair Work Commission. The dispute arose from the application submitted by Denrith, which aimed to secure the commission's endorsement of the enterprise agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary statutory criteria for approval.

The central legal issue before the Commission was whether the Denrith Civil Construction Enterprise Agreement 2017 complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was made in good faith and whether it covered all relevant employees and terms as required by the legislation. Additionally, the Commission had to consider if the agreement provided adequate protections and entitlements to the employees, and if it was fair and reasonable in its terms.

The Commission carefully examined the submissions from both Denrith and the opposing parties, taking into account the principles of good faith bargaining and the statutory obligations under the Fair Work Act. It concluded that the agreement was made in good faith and that it appropriately covered the relevant employees and terms. The Commission found that the agreement provided fair and reasonable terms and protections for the employees, and thus met all necessary statutory criteria. Consequently, the Commission approved the Denrith Civil Construction Enterprise Agreement 2017.

Denrith 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