DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Direct Solutions (Australia) Pty Ltd T/A Engineering Directions
(AG2021/3919)

DIRECT SOLUTIONS (AUSTRALIA) PTY LTD T/AS ENGINEERING DIRECTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MARCH 2021

Application for approval of the Direct Solutions (Australia) Pty Ltd T/as Engineering Directions and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Direct Solutions (Australia) Pty Ltd T/as Engineering Directions and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Direct Solutions (Australia) Pty Ltd T/as Engineering Directions. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Direct Solutions (Australia) Pty Ltd T/A Engineering Directions, together with the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023, applied to the Fair Work Commission for approval of the enterprise agreement. The application was contested by the Australian Building and Construction Commission. The applicants sought to have the enterprise agreement approved under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for approval under the Act, particularly focusing on whether the agreement had been fairly and genuinely negotiated and whether it contained terms that were contrary to public policy or not in the best interests of the employees.

The Commission considered the evidence presented by both parties and analysed the terms of the agreement. The Commission determined that the agreement had been fairly and genuinely negotiated and that it did not contain terms contrary to public policy or detrimental to the best interests of the employees. The Commission found that the agreement contained provisions that were necessary to address the specific circumstances of the industry and the parties involved. The Commission was satisfied that the agreement provided appropriate protections for the employees and that it was in the best interests of both the employees and the employer.

The Commission approved the enterprise agreement and made orders accordingly. The applicants were granted approval for the Direct Solutions (Australia) Pty Ltd T/as Engineering Directions and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2020-2023. The orders provided for the agreement to be registered and enforceable under the Fair Work Act 2009. The Australian Building and Construction Commission's application to have the agreement rejected was dismissed.

Direct Solutions (Australia) Pty Ltd T/A Engineering Directions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established