DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dixon & Swanson Australia Pty Ltd
(AG2021/394)

DIXON & SWANSON AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 1 MARCH 2021

Application for approval of the Dixon & Swanson Australia Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Dixon & Swanson Australia Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dixon & Swanson Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2021. The nominal expiry date of the Agreement is 28 February 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Dixon & Swanson Australia Pty Ltd, sought approval of an enterprise agreement for the period 2020 to 2024 from the Fair Work Commission (FWC). The applicant, a medium-sized company operating in the construction industry, argued that the proposed agreement was fair and reasonable, while the respondent, an employee association representing workers, contested several provisions, contending they were unfair.

The primary legal issue before the FWC was whether the provisions of the enterprise agreement met the criteria for being deemed fair and reasonable. This involved examining whether the agreement complied with the Fair Work Act 2009, including assessing whether it provided for procedural fairness, covered necessary matters, and balanced the interests of both parties. The FWC also needed to determine whether the agreement's provisions were consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

In its decision, the FWC found that the agreement generally provided for procedural fairness and covered the necessary matters required by the Fair Work Act. The FWC noted that while some provisions contested by the employee association were not entirely aligned with the Fair Work Act, they did not render the agreement as a whole unfair. The FWC concluded that the agreement struck a reasonable balance between the interests of the parties and was therefore fair and reasonable. The FWC approved the enterprise agreement in its entirety, subject to the minor modifications required to ensure compliance with the relevant legislation.

The FWC ordered the approval of the Dixon & Swanson Australia Pty Ltd Enterprise Agreement 2020 - 2024, with the minor modifications necessary to meet the requirements of the Fair Work Act, the Fair Work (Registered Organisations) Act, and the Fair Work (Transitional Provisions) Act.

Dixon & Swanson Australia 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