DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doggett & Co Projects Pty Ltd
(AG2018/1220)

DOGGETT & CO. PROJECTS PTY LTD (ONSITE AND OFFSITE) ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 SEPTEMBER 2018

Application for approval of the Doggett & Co. Projects Pty Ltd (Onsite and Offsite) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Doggett & Co. Projects Pty Ltd (Onsite and Offsite) 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 Doggett & Co Projects 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 12 September 2018 and, in accordance with s.54, will operate from 19 September 2018. The nominal expiry date of the Agreement is 12 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Doggett & Co. Projects Pty Ltd (Onsite and Offsite) Enterprise Agreement 2018. The application was made by the employer, Doggett & Co Projects Pty Ltd, and the application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission. The central issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it adequately protected the interests of the employees.

The court examined the provisions of the proposed agreement to determine if it met the criteria for approval, including whether it provided for minimum rates of pay, reasonable working conditions, and did not adversely affect the employees’ general conditions of employment. The court also considered whether the agreement provided for a fair and effective system for resolving workplace disputes and if it allowed for the appropriate level of employee representation. The court had to weigh the provisions of the agreement against the statutory framework and assess whether the agreement was in the best interests of the employees.

The Fair Work Commission found that the proposed agreement complied with the statutory requirements and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, reasonable working hours, and appropriate leave entitlements. The court also found that the agreement provided for an effective system for resolving workplace disputes and allowed for appropriate levels of employee representation. The Commission approved the application, and the Doggett & Co. Projects Pty Ltd (Onsite and Offsite) Enterprise Agreement 2018 was duly registered.

Doggett & Co 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