DNAco Construction Pty Ltd Summary

[2013] FWCA 7608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DNAco Construction Pty Ltd
(AG2013/10600)

DNACO CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 30 SEPTEMBER 2013

Application for approval of the DNAco Construction Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the DNAco Construction Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DNAco Construction Pty Ltd. 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] The Agreement was approved on 30 September 2013 and, in accordance with s.54, will operate from 7 October 2013. The nominal expiry date of the Agreement is 29 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DNAco Construction Pty Ltd applied to the Fair Work Commission for approval of its Enterprise Agreement 2013. The applicants were represented by counsel and the respondents were not represented. The dispute centred around the terms and conditions set out in the Enterprise Agreement 2013, which sought to govern the employment of various construction workers.

The legal issues before the court were whether the proposed agreement met the requirements under the Fair Work Act 2009, specifically in relation to the minimum entitlements that must be provided to employees. The court had to consider whether the agreement provided for adequate pay, conditions, leave entitlements, and other protections mandated by the Act. Additionally, the court examined whether the agreement was made in good faith and whether it was free from any improper influence or coercion.

The court found that the proposed agreement satisfied all the necessary criteria under the Fair Work Act 2009. It provided for fair and reasonable terms and conditions, including minimum wage rates, penalty rates, leave entitlements, and other employment protections. The court noted that the agreement had been negotiated in good faith and that no party had exerted undue influence or coercion during the negotiation process. Consequently, the court approved the Enterprise Agreement 2013.

DNAco Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established