DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DMS Building Group Pty Limited
(AG2020/1568)

DMS BUILDING GROUP PTY LIMITED ENTERPRISE AGREEMENT 2020 – 2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 JUNE 2020

Application for approval of the DMS Building Group Pty Limited Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the DMS Building Group Pty Limited 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 DMS Building Group Pty Limited. The Agreement is a single enterprise agreement.

[2] 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 5.4.4 – Payment of Wages;

• Clause 9.6.4 – Notice of Absence;

● Clause 12.4.4 – Abandonment of Employment;

● Clause 12.5.1 – Summary Dismissal; and

● Clause 13 – Redundancy.

However, noting clause 3.4.5(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2020. The nominal expiry date of the Agreement is 23 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DMS Building Group Pty Limited applied to the Fair Work Commission for approval of their enterprise agreement for the period 2020 to 2024. The applicants were the employer, DMS Building Group Pty Limited, and the respondents were the Australian Building and Construction Employees and Builders Labourers Federation (NSW/ACT). The dispute centred around whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically in terms of its provisions on pay rates, conditions, and dispute resolution mechanisms.

The court had to determine whether the agreement provided for minimum rates of pay and conditions, ensured that employees were not disadvantaged by the agreement, and allowed for the resolution of disputes. The court also had to consider if the agreement was in the best interest of the employees, and whether it contained any provisions that were contrary to public policy or contrary to any industrial instrument in force at the time of the application.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The agreement provided for fair and reasonable minimum rates of pay and conditions, it did not disadvantage any employee, and it contained an appropriate dispute resolution process. The Commission noted that the agreement had been negotiated in good faith and that it was in the best interests of the employees. The Commission approved the agreement and issued its orders to that effect.

DMS Building Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established