DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dibcorp Constructions Pty Ltd
(AG2017/6267)

DIBCORP ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MARCH 2018

Application for approval of the Dibcorp Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dibcorp 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 Dibcorp Constructions 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 29 March 2018. The nominal expiry date of the Agreement is 21 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Dibcorp Constructions Pty Ltd, the Fair Work Commission was tasked with approving an enterprise agreement proposed by the company, the Dibcorp Enterprise Agreement 2017. The agreement was intended to govern the terms and conditions of employment for employees within the company. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which it was made and its compliance with relevant industrial instruments.

The primary legal issues for the Commission to consider included whether the agreement was made in accordance with the processes outlined in the Fair Work Act, whether it contained the minimum terms and conditions required by the Act, and whether it complied with the applicable industrial instruments. The Commission also needed to determine whether the agreement was free from any illegality or unfair content and if it provided for the proper protection of employees’ rights.

After a detailed review of the evidence and submissions from both parties, the Commission concluded that the Dibcorp Enterprise Agreement 2017 was made in accordance with the requirements of the Fair Work Act. It found that the agreement was free from any illegality and contained all the necessary minimum terms and conditions. The Commission also determined that the agreement was not unfair and that the process by which it was made was legitimate. Consequently, the Commission approved the agreement.

The Commission’s approval of the Dibcorp Enterprise Agreement 2017 means that the agreement will now form the basis of the employment terms for the employees covered by it. The decision provides certainty for both the employer and the employees, ensuring that the agreement is legally binding and enforceable.

Dibcorp Constructions 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