Dm Drainage & Construction Pty Ltd As Trustee For The Dm Unit Trust Trading AS Dm Civil

[2025] FWCA 1322

[2025] FWCA 1322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Dm Drainage & Construction Pty Ltd As Trustee For The Dm Unit Trust Trading AS Dm Civil

(AG2025/788)

DM CIVIL OPERATIONS ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 22 APRIL 2025

Application for approval of the DM Civil Operations Enterprise Agreement 2025

1. Dm Drainage & Construction Pty Ltd As Trustee For The Dm Unit Trust Trading AS Dm Civil (the Applicant) has made an application for the approval of an enterprise agreement known as the DM Civil Operations Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement does not contain a delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates’ rights term in Clause 36A of the Building and Construction General Onsite Award 2020 is taken to be a term of the Agreement.

1. The Agreement was approved on 22 April 2025 and, in accordance with s 54, will operate from 29 April 2025. The nominal expiry date of the Agreement is 22 April 2029.

COMMISSIONER

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Annexure A: