DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DNS Civil Pty Ltd
(AG2018/6532)

DNS CIVIL PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 14 MAY 2019

Application for approval of the DNS Civil Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the DNS Civil Pty Ltd Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 14 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DNS Civil Pty Ltd sought approval of the DNS Civil Pty Ltd Enterprise Agreement 2018, which was submitted to the Fair Work Commission for determination. The applicant, DNS Civil Pty Ltd, was the employer, and the respondent was the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute centred on the terms and conditions of the proposed enterprise agreement, specifically whether it complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a "simple" agreement, as defined by the Fair Work Act, and whether it met the criteria for approval under the Act. This included ensuring the agreement was not detrimental to employees, was made in good faith, and did not unfairly discriminate against any class of employees. The Commission also needed to consider whether the agreement provided for adequate dispute resolution mechanisms.

The Commission found that the agreement was a simple agreement, as it did not cover matters that required the making of a national system instrument. The agreement was also deemed to be made in good faith and did not unfairly discriminate against any class of employees. The Commission concluded that the agreement provided for adequate dispute resolution mechanisms and was not detrimental to employees. Consequently, the Commission approved the DNS Civil Pty Ltd Enterprise Agreement 2018.

The Fair Work Commission approved the DNS Civil Pty Ltd Enterprise Agreement 2018, and it is now a legally binding document between DNS Civil Pty Ltd and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The approval signifies that the agreement complies with the requirements of the Fair Work Act 2009 and provides for fair and reasonable terms and conditions for the employees.

DNS Civil 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