DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Digga Excavations (Tas) Pty Ltd T/A Digga Excavations
(AG2017/6241)

DIGGA EXCAVATIONS (TAS) PTY. LTD. ENTERPRISE AGREEMENT 2017-2020

Tasmania
COMMISSIONER WILSON	MELBOURNE, 31 MAY 2018

Application for approval of the Digga Excavations (Tas) Pty. Ltd. Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Digga Excavations (Tas) Pty. Ltd. Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Digga Excavations (Tas) Pty Ltd T/A Digga Excavations. 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 7 June 2018. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of an enterprise agreement between Digga Excavations (Tas) Pty Ltd and its employees. The enterprise agreement sought to regulate various aspects of employment, including wages, hours of work, and other conditions of employment, for the period 2017 to 2020. The dispute centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue the Commission had to resolve was whether the proposed enterprise agreement was in the best interests of the employees, given that it was made in accordance with the procedural requirements of the Fair Work Act. The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the minimum standards set out in the National Employment Standards. Additionally, the Commission had to assess whether the agreement was made free from any improper conduct or coercion.

The Fair Work Commission found that the enterprise agreement was in the best interests of the employees. The Commission determined that the agreement was made in accordance with the relevant procedural requirements and provided for fair and reasonable terms and conditions of employment. The Commission also concluded that the agreement met the minimum standards set out in the National Employment Standards and was made free from any improper conduct or coercion. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Digga Excavations (Tas) Pty Ltd Enterprise Agreement 2017-2020, subject to the terms and conditions set out in the decision. The approval was made effective from the date of the decision, and the agreement became a legally binding enterprise agreement under the Fair Work Act.

Digga Excavations (Tas) Pty Ltd T/A Digga Excavations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established