DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doran Earth Moving Pty Ltd
(AG2015/1407)

DORAN EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 JUNE 2015

Application for approval of the Doran Earthmoving Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Doran Earthmoving 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 Doran Earth Moving 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 17 June 2015 and, in accordance with s.54 of the Act, will operate from 24 June 2015. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Doran Earth Moving Pty Ltd was involved in an application to the Fair Work Commission for approval of an enterprise agreement. The applicants, Doran Earth Moving Pty Ltd and the Electrical Trades Union, sought the approval of the Doran Earthmoving Pty Ltd Enterprise Agreement 2015. The nature of the dispute centred around the terms of the proposed agreement and whether it complied with the relevant statutory requirements for enterprise agreements under the Fair Work Act 2009. The matter was heard by the Fair Work Commission, which is responsible for resolving workplace disputes and overseeing the approval process for enterprise agreements in Australia.

The legal issues that the Fair Work Commission needed to decide included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, whether the agreement provided for the proper protection of employees' rights and entitlements, and whether the agreement complied with the good faith bargaining obligations. The Commission also had to consider whether the agreement met the "better off overall test", which requires that employees be no worse off financially and have at least the same conditions as under their previous agreements or awards.

The Fair Work Commission found that the agreement had been made in compliance with the procedural requirements of the Fair Work Act. The Commission determined that the agreement provided for the proper protection of employees' rights and entitlements, including provisions for minimum wages, leave entitlements, and other benefits. The Commission also concluded that the agreement was made in good faith and met the better off overall test. As a result, the Fair Work Commission approved the Doran Earthmoving Pty Ltd Enterprise Agreement 2015. The decision was based on a detailed analysis of the evidence and submissions provided by the parties, ensuring that the agreement was fair and balanced for both employers and employees.

Doran Earth Moving 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