DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dormway Pty Ltd
(AG2015/7184)

DORMWAY PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 FEBRUARY 2016

Application for approval of the Dormway Pty Ltd Civil Construction Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dormway Pty Ltd Civil Construction 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 Dormway 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 is approved and, in accordance with s.54 of the Act, will operate from 16 February 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this matter were Dormway Pty Ltd and a number of their employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the approval of the Dormway Pty Ltd Civil Construction Enterprise Agreement 2015. The case was heard in the Fair Work Commission. The legal issues before the court were whether the agreement was a "better off overall test" (BOOT) agreement, as defined by the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided a fair and better overall package of terms and conditions compared to the applicable award or safety net award.

The court examined the submissions and evidence from both parties, focusing on the comparative analysis of the agreement's terms and conditions against the relevant award. It considered the employees' rights, protections, and entitlements under both the agreement and the award. The court also assessed the potential economic benefits and detriments for the employees resulting from the agreement. After thorough deliberation, the court determined that the agreement met the BOOT criteria. The terms and conditions provided by the agreement were found to be fair and better overall for the employees, taking into account the economic and non-economic benefits.

The court approved the Dormway Pty Ltd Civil Construction Enterprise Agreement 2015, finding it to be a fair and better overall test agreement. This decision was based on the comprehensive analysis of the agreement's terms and conditions against the relevant award and the consideration of the potential economic benefits and detriments for the employees. The court's approval of the agreement ensures that the employees will enjoy improved rights, protections, and entitlements as outlined in the agreement.

Dormway 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