DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL Contractors Pty Ltd
(AG2019/817)

DGL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2019 - 2021

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 20 JUNE 2019

Application for approval of the DGL Contractors Pty Ltd Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of a single enterprise agreement known as the DGL Contractors Pty Ltd Enterprise Agreement 2019 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DGL Contractors Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DGL Contractors Pty Ltd applied for the approval of the DGL Contractors Pty Ltd Enterprise Agreement 2019-2021, which was being contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The case was heard by the Fair Work Commission. The primary legal issue was whether the agreement contained provisions that were contrary to the public interest as required by section 233 of the Fair Work Act 2009. The CFMEU argued that certain provisions were unfair, while DGL Contractors contended that the agreement was fair and necessary to maintain the business's viability.

The Fair Work Commission examined the provisions in question, considering whether they were necessary to ensure the company's financial stability and competitiveness. The Commission concluded that the contested provisions were indeed necessary for the business's survival and did not contravene the public interest. It was determined that the agreement was fair and reasonable, taking into account the need to balance the rights and interests of both the employer and the employees. The Commission found that the provisions did not unfairly disadvantage the employees and were necessary for the company's continued operation.

The Fair Work Commission approved the DGL Contractors Pty Ltd Enterprise Agreement 2019-2021, dismissing the CFMEU's objections. The Commission's decision was based on the necessity of the provisions for the company's financial stability and competitiveness, and it was determined that the agreement was fair and reasonable under the relevant legislation. The court's ruling effectively settled the dispute, allowing the agreement to proceed as intended.

DGL Contractors 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