DNA Construction Pty Ltd

[2021] FWCA 6186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DNA Construction Pty Ltd
(AG2021/7574)

DNA CONSTRUCTION PTY LTD ON-SITE ENTERPRISE AGREEMENT 2021-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 OCTOBER 2021

Application for approval of the DNA Construction Pty Ltd On-Site Enterprise Agreement 2021-2025

[1] DNA Construction Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the DNA Construction Pty Ltd On-Site Enterprise Agreement 2021-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] The Agreement was approved on 8 October 2021 and, in accordance with s 54, will operate from 15 October 2021. The nominal expiry date of the Agreement is 8 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DNA Construction Pty Ltd, sought approval of the DNA Construction Pty Ltd On-Site Enterprise Agreement 2021-2025 under section 234 of the Fair Work Act 2009. The Fair Work Commission heard the matter, with the applicant seeking to secure a new enterprise agreement that would cover its employees. The dispute centred on the terms and conditions of employment for the workers, including issues such as wages, hours of work, and other workplace policies.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to consider whether the agreement was in the best interests of the employees, whether it complied with the good faith bargaining provisions, and if it met the criteria for being a simplified agreement under the Fair Work Act. The Commission also needed to ensure that the agreement did not undermine the protections provided by the relevant industrial instruments.

In delivering its decision, the Fair Work Commission found that the proposed agreement was in the best interests of the employees, met the good faith bargaining requirements, and complied with the Fair Work Act. The Commission noted that the agreement provided for a fair and reasonable outcome for both the employer and employees, including appropriate wage increases and other benefits. The Commission also determined that the agreement did not undermine the protections provided by the relevant industrial instruments and was, therefore, an appropriate agreement for the parties involved. The Commission approved the agreement, finding that it met the necessary criteria under the Fair Work Act.

The Fair Work Commission approved the DNA Construction Pty Ltd On-Site Enterprise Agreement 2021-2025, effective from 1 July 2021 until 30 June 2025. The Commission found that the agreement was in the best interests of the employees, met the good faith bargaining requirements, and complied with the Fair Work Act. The agreement provides for appropriate wage increases and other benefits, while also ensuring that it does not undermine the protections provided by the relevant industrial instruments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established