DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dig Smart Pty Ltd
(AG2015/291)

DIG SMART ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 2 APRIL 2015

Application for approval of the Dig Smart Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Dig Smart Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dig Smart Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 31 March 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 17 November 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

Dig Smart Pty Ltd recently sought approval for the Dig Smart Enterprise Agreement 2014-2017 from the Fair Work Commission. The company argued that the agreement met the legal criteria for approval and would benefit both the employees and the business. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised objections regarding certain provisions of the agreement.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and if it complied with the Fair Work Act 2009. The CFMEU argued that the agreement was not genuinely negotiated as it contained terms that were not discussed or agreed upon by the union. Additionally, the union contended that certain provisions of the agreement were contrary to the principles of the Act, specifically those relating to wages and conditions.

In considering these issues, the Commission examined the negotiation process and the content of the agreement. It found that the company had engaged in genuine negotiations with the union, despite some procedural shortcomings. The Commission also determined that the provisions of the agreement were consistent with the principles of the Fair Work Act and did not unfairly disadvantage the employees. Consequently, the Commission approved the Dig Smart Enterprise Agreement 2014-2017, subject to certain modifications to address the union's concerns.

The final orders of the Commission included the approval of the agreement with specific modifications to ensure compliance with the Fair Work Act and the preservation of employees' rights. The company was directed to implement the changes within a specified timeframe and to provide a copy of the modified agreement to the union and the Fair Work Ombudsman.

Dig Smart 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