DNS Civil Pty Ltd

[2024] FWCA 3130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

DNS Civil Pty Ltd

(AG2024/2971)

DNS CIVIL PTY LTD ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 27 AUGUST 2024

Application for approval of the DNS Civil Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the DNS Civil Pty Ltd Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DNS Civil Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DNS Civil Pty Ltd, an employer, applied for approval of an enterprise agreement entered into with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was made to the Fair Work Commission, the tribunal with the authority to approve such agreements. The CFMEU opposed the application on several grounds, arguing that certain provisions of the agreement were not in compliance with the Fair Work Act 2009 (Cth).

The legal issues before the Commission were whether the provisions in question were procedurally and substantively compliant with the Act. The Commission considered whether the agreement had been genuinely bargained for, whether it contained appropriate dispute resolution mechanisms, and whether it complied with the public interest test. The Commission also considered the impact of the provisions on the employees, particularly in relation to their working conditions and the preservation of their rights.

The Commission found that the agreement was genuinely bargained for and contained appropriate dispute resolution mechanisms. The Commission also found that the provisions in question did not contravene the public interest test, as they were not overly restrictive or detrimental to the employees' rights. The Commission held that the provisions were necessary to ensure the smooth operation of the employer's business and to protect the interests of both the employer and the employees. The Commission approved the enterprise agreement, subject to minor modifications to address the CFMEU's concerns.

The Fair Work Commission approved the DNS Civil Pty Ltd Enterprise Agreement 2023, subject to minor modifications. The modifications were made to ensure that the agreement met the requirements of the Fair Work Act 2009 (Cth) and to address the concerns raised by the CFMEU. The approval of the enterprise agreement is a significant step towards improving the working conditions of the employees and ensuring the smooth operation of DNS Civil Pty Ltd's business.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established