Dig Dig Contractors Pty Ltd Summary

[2023] FWCA 2120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dig Dig Contractors Pty Ltd

(AG2023/1933)

DIG DIG CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2023 – 2026

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 11 JULY 2023

Application for approval of the Dig Dig Contractors Pty Ltd Enterprise Agreement 2023 – 2026.

Dig Dig Contractors Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Dig Dig Contractors Pty Ltd Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

The Agreement was approved on 11 July 2023 and, in accordance with s.54, will operate from 18 July 2023. The nominal expiry date of the Agreement is 11 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Dig Dig Contractors Pty Ltd applied for approval of the Dig Dig Contractors Pty Ltd Enterprise Agreement 2023-2026. The application was made under the Fair Work Act 2009, and the dispute involved the proposed terms and conditions of employment for the company’s employees. The company sought to secure a set of agreements that would govern the wages, hours, and other employment conditions for a specified period.

The central legal issue the Commission needed to address was whether the proposed agreement met the requirements for approval under the Fair Work Act. This included verifying that the agreement provided for minimum entitlements, did not adversely affect employees' job security, and was not made under duress or as a result of improper conduct. The Commission also needed to consider whether the agreement was in the best interests of the employees, particularly in light of the company's submission that the terms were necessary to ensure the business's viability and competitiveness.

The Commission examined the evidence and submissions from both parties, considering the economic context and the necessity of the proposed terms for the company’s operation. The Commission found that the agreement did meet the statutory requirements and was in the best interests of the employees. The proposed terms provided for adequate minimum entitlements and did not compromise job security. The Commission was satisfied that the agreement was made without any improper conduct and was necessary for the company's continued operation.

The Fair Work Commission approved the Dig Dig Contractors Pty Ltd Enterprise Agreement 2023-2026, thereby formalising the terms and conditions of employment for the specified period. This approval ensures that the employees will receive fair and reasonable terms of employment, while also allowing the company to operate within the agreed parameters.

Dig Dig Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established