DGL Contractors Pty Ltd
[2022] FWCA 1121
•30 MARCH 2022
| [2022] FWCA 1121 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
DGL Contractors Pty Ltd
(AG2022/192)
DGL Contractors Pty Ltd Enterprise Agreement 2021 - 2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MANSINI | MELBOURNE, 30 MARCH 2022 |
Application for approval of the DGL Contractors Pty Ltd Enterprise Agreement 2021 – 2023.
DGL Contractors Pty Ltd has applied for approval of a single enterprise agreement known as the DGL Contractors Pty Ltd Enterprise Agreement 2021 – 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).
Since the application was made, the Commission inquired about whether the pre-approval requirements were met and raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.
Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.
Noting clause 1.9 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.
On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.
The Agreement was approved on 30 March 2022 and, in accordance with s.54, will operate from 6 April 2022. The nominal expiry date of the Agreement is 31 March 2021.
For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details.[1]
DEPUTY PRESIDENT
Annexure A
[1] The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.
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