DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dodd Structural Pty Ltd
(AG2019/1929)

DODD STRUCTURAL PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 19 JUNE 2019

Application for approval of the Dodd Structural Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Dodd Structural Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dodd Structural 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 is approved and, in accordance with s.54 of the Act, will operate from 26 June 2019. The nominal expiry date of the Agreement is 18 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dodd Structural Pty Ltd applied to the Fair Work Commission (FWC) for approval of an Enterprise Agreement (EA) dated 1 January 2019. The EA was proposed between Dodd Structural Pty Ltd and its employees covered by the Building and Construction General On-Site Workgroup Award 2010. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) who submitted that the EA did not meet the requirements of the Fair Work Act 2009 (FW Act). The FWC was required to determine whether the EA was in compliance with the statutory provisions and whether it was made in good faith and not for an improper purpose.

The FWC noted that the CFMEU raised concerns about the EA's provisions on shift patterns and overtime. The FWC considered whether the EA met the good faith bargaining requirements of section 230 of the FW Act. The FWC examined the evidence presented by both parties and concluded that Dodd Structural Pty Ltd had engaged in good faith bargaining and that the EA was not made for an improper purpose. The FWC found that the EA contained provisions that were no less favourable than the applicable award and that the changes were necessary to meet the company's business needs.

In its decision, the FWC approved the EA and made an order that the EA would be registered from the date of the decision. The FWC determined that the EA met the requirements of the FW Act and was in compliance with the statutory provisions. The CFMEU's objections were dismissed, and the EA was approved as proposed. This decision provides guidance on the requirements for approving EAs and the importance of good faith bargaining in the EA process.

Dodd Structural 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