DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DNC Projects Pty Ltd
(AG2015/7642)

DNC PROJECTS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 4 JANUARY 2016

Application for approval of the DNC Projects Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the DNC Projects Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DNC Projects 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. 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 4 January 2016 and, in accordance with s.54, will operate from 11 January 2016. The nominal expiry date of the Agreement is 11 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DNC Projects Pty Ltd was the subject of an application for the approval of the DNC Projects Pty Ltd Enterprise Agreement 2015. The Fair Work Commission was the tribunal where the matter was heard. The application was brought by DNC Projects Pty Ltd, with the Australian Manufacturing Workers' Union as a party to the agreement.

The central legal issue was whether the agreement met the requirements set forth by the Fair Work Act 2009, specifically if it contained the necessary minimum terms and conditions as mandated by the legislation. The Commission had to assess the agreement to ensure that it provided for a fair and efficient workplace relationship, as well as that it did not unfairly disadvantage any party.

The Commission examined the agreement's provisions in detail, ensuring that it included all the mandated minimum terms and conditions. The agreement was found to be comprehensive and to meet the legal requirements of the Fair Work Act 2009. It was noted that the agreement provided for a fair and efficient workplace relationship, and that it did not unfairly disadvantage any party. Given this, the Commission approved the agreement.

The Fair Work Commission approved the DNC Projects Pty Ltd Enterprise Agreement 2015, finding it to be compliant with the Fair Work Act 2009 and providing for a fair and efficient workplace relationship.

DNC Projects 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