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

[2014] FWCA 5670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Digga Excavations (Tas) Pty Ltd T/A Digga Excavations
(AG2014/6222)

DIGGA EXCAVATIONS (TAS) PTY. LTD. ENTERPRISE AGREEMENT 2014-2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2014

Application for approval of the Digga Excavations (Tas) Pty. Ltd. Enterprise Agreement 2014-2017.

[1] An application has been made for approval of a single-enterprise agreement known as theDigga Excavations (Tas) Pty. Ltd. Enterprise Agreement 2014-2017 (the Agreement). The application was made by Digga Excavations (Tas) Pty Ltd T/A Digga Excavations pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 26 August 2014. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Digga Excavations (Tas) Pty Ltd, trading as Digga Excavations, and the Fair Work Commission. The nature of the dispute was an application for approval of the Digga Excavations (Tas) Pty Ltd Enterprise Agreement 2014-2017. The court in this instance was the Fair Work Commission.

The legal issues that the court needed to decide upon related to the approval of the enterprise agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to assess if the agreement was genuinely negotiated, if it contained the appropriate minimum terms and conditions, and if it was in the best interests of the employees involved.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated and contained the required minimum terms and conditions. The Commission considered the views of the employees and concluded that the agreement was in their best interests. As a result, the Commission approved the Digga Excavations (Tas) Pty Ltd Enterprise Agreement 2014-2017. This decision was based on the evidence presented and the findings that the agreement met all the necessary requirements under the Fair Work Act 2009.

As a consequence of the court's decision, the Digga Excavations (Tas) Pty Ltd Enterprise Agreement 2014-2017 was approved and is now legally binding for the duration of the agreement. The agreement will regulate the employment terms and conditions of the employees of Digga Excavations (Tas) Pty Ltd for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established