DECISION

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

Dimac Constructions Pty Ltd
(AG2020/158)

DIMAC CONSTRUCTIONS PTY LTD AND GEELONG CONCRETE CUTTING SERVICES PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 FEBRUARY 2020

Application for approval of the Dimac Constructions Pty Ltd and Geelong Concrete Cutting Services Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Dimac Constructions Pty Ltd and Geelong Concrete Cutting Services Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dimac Constructions Pty Ltd (Dimac). This is a single enterprise agreement.

[2] The Agreement is also intended to apply to Geelong Concrete Cutting Services Pty Ltd (Geelong Concrete). Geelong Concrete and Dimac are single interest employers within the meaning of section 172(5) of the Act and as such are able to apply for the making of a single enterprise agreement pursuant to section 172(2) of the Act.

[3] The Form F16 lodged contained an error at which incorrectly identified the Agreement as a multi-enterprise agreement. On 18 February 2020, the Applicant filed an amended version of the F16 correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employers, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement was approved on 21 February 2020 and, in accordance with s.54, will operate from 28 February 2020. The nominal expiry date of the Agreement is 21 February 2023.

COMMISSIONER

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CaseChat Overview and Summary

Dimac Constructions Pty Ltd and Geelong Concrete Cutting Services Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2020. The applicants sought to have the agreement registered with the Commission, which would make it a legally enforceable contract between the parties. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues for the Commission to consider were whether the agreement contained the minimum terms and conditions required by law and whether it had been negotiated in good faith. The Commission also needed to ensure that the agreement did not negatively affect the financial viability of the businesses involved. Furthermore, the Commission had to assess whether the agreement was in the best interests of the employees covered by it.

In its decision, the Commission found that the Enterprise Agreement 2020 contained all the necessary minimum terms and conditions and was the product of good faith negotiations. The Commission determined that the agreement did not threaten the financial viability of the businesses and was in the best interests of the employees. As a result, the Commission approved the agreement and ordered its registration. The applicants were directed to take all necessary steps to give effect to the terms of the agreement.

Dimac 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