DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DMT Transport NSW Pty Ltd T/A DMT Transport
(AG2019/5034)

DMT TRANSPORT NSW PTY LTD ENTERPRISE AGREEMENT 2020 – 2024

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 15 JANUARY 2020

Application for approval of the DMT Transport NSW Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the DMT Transport NSW Pty Ltd 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 DMT Transport NSW Pty Ltd T/A DMT Transport. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 15 January 2020 and, in accordance with s.54, will operate from 22 January 2020. The nominal expiry date of the Agreement is 14 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by DMT Transport NSW Pty Ltd T/A DMT Transport for the approval of the DMT Transport NSW Pty Ltd Enterprise Agreement 2020 - 2024. The dispute centred on whether the agreement met the legal standards required for approval under the Fair Work Act 2009. The applicants sought to have the enterprise agreement approved, while no objections were raised by any party to the agreement.

The legal issues that the commission was required to decide were primarily whether the enterprise agreement complied with the formal requirements set out in the Fair Work Act and whether it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009. The commission also needed to consider whether the agreement provided for appropriate mechanisms for the resolution of workplace issues and whether it provided fair terms and conditions of employment.

The commission found that the enterprise agreement complied with the formal requirements under the Fair Work Act. The agreement was duly certified by an independent certified bargaining agent and was therefore presumed to be made in good faith and for the purpose of establishing the terms and conditions of employment. The commission considered the terms and conditions of employment provided by the agreement to be fair and reasonable, taking into account the nature of the work performed by the employees. The commission also found that the agreement provided for appropriate mechanisms for the resolution of workplace issues.

The Fair Work Commission approved the DMT Transport NSW Pty Ltd Enterprise Agreement 2020 - 2024. The agreement was registered, and the commission directed that it would be in effect from the date of registration for a period of four years. The decision was made in accordance with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act.

DMT Transport NSW Pty Ltd T/A DMT Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established