Devlyn Constructions (Bunbury) Pty Ltd Summary

[2014] FWCA 6079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Devlyn Constructions (Bunbury) Pty Ltd
(AG2014/8625)

DEVLYN CONSTRUCTIONS (BUNBURY) PTY LTD ENTERPRISE AGREEMENT 2014

Building services
COMMISSIONER GREGORY	MELBOURNE, 3 SEPTEMBER 2014

Application for approval of the Devlyn Constructions (Bunbury) Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Devlyn Constructions (Bunbury) Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Devlyn Constructions (Bunbury) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2014. The nominal expiry date of the Agreement is 9 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Devlyn Constructions (Bunbury) Pty Ltd, sought approval for the Enterprise Agreement 2014. The applicant is a construction company, and the respondents are its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions of employment outlined in the proposed agreement. The commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009, specifically whether it provided for the proper operation of the enterprise and included terms that were fair and reasonable.

The legal issues before the commission involved assessing whether the agreement contained the necessary minimum terms, whether it complied with the good faith bargaining requirements, and if the agreement was fair and reasonable in all its terms. The commission also needed to consider whether the agreement had been genuinely negotiated between the parties and whether it provided for the proper operation of the enterprise.

In delivering the decision, the commission found that the agreement did include the necessary minimum terms and complied with the good faith bargaining provisions. The commission considered the terms of the agreement to be fair and reasonable, taking into account the specific circumstances of the enterprise. It was noted that the agreement had been negotiated in good faith between the parties and provided for the proper operation of the enterprise, including provisions for dispute resolution and employee entitlements.

The commission approved the Enterprise Agreement 2014, finding that it met all the legal requirements and was fair and reasonable. The agreement was to be registered and would have effect from the date of the decision, binding both the applicant and the respondents.

Devlyn Constructions (Bunbury) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established