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

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between DM Drainage & Construction Pty Ltd as trustee for the DM Unit Trust trading as DM Civil and its employees. The application was brought before the Fair Work Commission. The dispute centres on whether the proposed agreement meets the legal requirements for approval, particularly under the Fair Work Act 2009. The Commission needed to determine if the agreement provides for fair and reasonable terms and conditions for employees, including pay and conditions, and whether it was made in good faith and without coercion.

The key legal issues before the Commission were whether the agreement appropriately balanced the interests of both employers and employees, if it was genuinely negotiated, and if it complied with the provisions of the Fair Work Act. Additionally, the Commission had to consider if the agreement adequately addressed the specific needs and concerns of the workforce, ensuring that it did not unfairly disadvantage any party. The Commission also needed to examine if the agreement was made without any improper influence or pressure.

The Commission carefully reviewed the submissions and evidence provided by both parties. It found that the agreement was negotiated in good faith and that it provided for fair and reasonable terms and conditions for employees. The Commission determined that the agreement balanced the interests of both parties and did not contain any provisions that would unfairly disadvantage employees. The agreement was deemed to be compliant with the requirements of the Fair Work Act. Consequently, the Commission approved the DM Civil Operations Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established