DECISION

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

Ditchfield Contracting Pty Ltd
(AG2015/1437)

DITCHFIELD CONTRACTING ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 21 SEPTEMBER 2015

Application for approval of the Ditchfield Contracting Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Ditchfield Contracting Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ditchfield Contracting 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 14 September 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Managing 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 31 January 2019.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ditchfield Contracting Pty Ltd was the applicant seeking approval for their proposed enterprise agreement from 2015 to 2019. The application was brought before the Fair Work Commission, which had to decide whether the proposed agreement met the requirements of the Fair Work Act 2009. The dispute centred on the terms and conditions outlined in the proposed agreement, specifically whether they complied with the legislative criteria for approval under the Act.

The central legal issues for the Commission to consider were whether the proposed agreement provided for a safety net of minimum wages and conditions, ensured that employees had a genuine opportunity to be represented by an independent trade union, and that the agreement was not contrary to public policy. The Commission also needed to assess whether the agreement had been made in good faith and whether the bargaining process was genuine.

The Commission found that the proposed agreement met the legislative criteria for approval. It provided for a safety net of minimum wages and conditions, offered employees a genuine opportunity to be represented by an independent trade union, and did not contravene public policy. Furthermore, the Commission was satisfied that the agreement had been made in good faith and that the bargaining process was genuine. Consequently, the Commission approved the Ditchfield Contracting Enterprise Agreement 2015-2019.

Ditchfield Contracting 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