DJ Personnel Pty Ltd

[2013] FWCA 2913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DJ Personnel Pty Ltd
(AG2013/6149)

DJ PERSONNEL ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 9 MAY 2013

Application for approval of the DJ Personnel Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the DJ Personnel Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 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 seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DJ Personnel Pty Ltd, an employer, applied to the Fair Work Commission for approval of the DJ Personnel Enterprise Agreement 2013. The application was made under the Fair Work Act 2009. The applicant sought to have the agreement registered as a registered agreement, which would give it legal effect. The dispute centred around whether the agreement complied with the statutory requirements for approval and registration, particularly in relation to the provisions concerning pay rates and conditions.

The primary legal issue before the Commission was whether the DJ Personnel Enterprise Agreement 2013 met all the criteria for approval as stipulated in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. Additionally, the Commission examined if the agreement satisfied the requirements for coverage, disclosure, and the inclusion of specific pay rates and conditions that were consistent with the Fair Work Act.

In its decision, the Fair Work Commission found that the DJ Personnel Enterprise Agreement 2013 was made in good faith and provided for a fair and efficient workplace. The Commission noted that the agreement contained provisions for minimum pay rates and conditions of employment, which were consistent with the relevant provisions of the Fair Work Act. Furthermore, the agreement included adequate disclosure of key terms and conditions of employment. Consequently, the Commission approved the agreement and ordered its registration as a registered agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established