DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL Contractors Pty Ltd
(AG2015/3927)

DGL CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 JULY 2015

Application for approval of the DGL Contractors Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the DGL Contractors Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DGL Contractors Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 27 July 2015 and, in accordance with s.54, will operate from 3 August 2015. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DGL Contractors Pty Ltd, an electrical contractor, sought approval for the DGL Contractors Pty Ltd Enterprise Agreement 2015-2019, which was to apply to employees of the company. The application was brought before the Fair Work Commission, as the Fair Work Act 2009 mandates that certain enterprise agreements must be approved by the Commission before they can be enforced. The primary dispute centred around whether the agreement met the legal requirements for registration and whether it complied with the Act's provisions.

The legal issues the Court needed to resolve involved the fairness of the agreement, its compliance with statutory provisions, and whether the agreement was genuinely negotiated. The Court had to consider whether the agreement was made in good faith and whether it included all the necessary terms as stipulated by the Act. Furthermore, the Court examined if the agreement was consistent with the objectives of the Fair Work Act, which includes promoting high wages and conditions.

The Court found that the agreement was negotiated in good faith and contained all the necessary terms as required by the Fair Work Act. The Court also determined that the agreement was consistent with the objectives of the Act, including promoting high wages and conditions. The Court held that the agreement was fair and reasonable and therefore approved the application for the agreement's registration. The Court's decision was based on a comprehensive analysis of the agreement and the evidence provided by the parties.

The Fair Work Commission approved the DGL Contractors Pty Ltd Enterprise Agreement 2015-2019, subject to the conditions set out in the order. The agreement was registered, and the parties were directed to take all necessary steps to give effect to the agreement.

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