DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DM Roads Services Pty Ltd
(AG2019/1063)

DM ROADS STEWARDSHIP MAINTENANCE CONTRACT (SMC) ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 AUGUST 2019

Application for approval of the DM Roads Stewardship Maintenance Contract (SMC) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the DM Roads Stewardship Maintenance Contract (SMC) Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Workers Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 August 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of DM Roads Services Pty Ltd, the Fair Work Commission was presented with an application to approve the DM Roads Stewardship Maintenance Contract (SMC) Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for workers under the SMC, and the application sought to formalise these terms in a legally binding agreement. The legal issues before the Commission centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it met the requirements for a simple summary, if it had been genuinely agreed upon, and whether it provided for minimum terms and conditions of employment.

The Commission undertook a detailed examination of the proposed agreement, focusing on its compliance with the statutory requirements. It found that the simple summary provided in the agreement was clear and understandable, and that the process of agreement had been genuine, involving proper consultation with the employees. The Commission also determined that the agreement provided for the minimum terms and conditions as stipulated by the Act, ensuring that it met the necessary legal standards. Given these findings, the Commission was satisfied that the proposed agreement was fair and appropriate.

Consequently, the Fair Work Commission approved the DM Roads Stewardship Maintenance Contract (SMC) Enterprise Agreement 2019, recognising it as a legally binding instrument. This decision was based on the evidence that the agreement met all statutory requirements and was genuinely agreed upon by the parties involved. The Commission's approval ensures that the terms and conditions of employment for the workers under the SMC are legally recognised and enforceable.

DM Roads Services 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