Dormway Pty Ltd

[2013] FWCA 690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dormway Pty Ltd
(AG2013/120)

DORMWAY PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 30 JANUARY 2013

Application for approval of the Dormway Pty Ltd Civil Construction Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 January 2013 by Dormway Pty Ltd for the approval of a single-enterprise agreement known as the Dormway Pty Ltd Civil Construction Enterprise Agreement 2012 (“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

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

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Dormway Pty Ltd, which sought approval for the Dormway Pty Ltd Civil Construction Enterprise Agreement 2012. The primary parties involved were Dormway Pty Ltd as the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) as the employee representative. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission, specifically the member of the commission, was the tribunal tasked with evaluating the application.

The legal issues the court needed to address were whether the proposed agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the fairness test outlined in section 231. The court had to consider various factors, including whether the agreement provided for a fair level of minimum wages and conditions, and whether it was free from any unfair terms or any other unfair content. Furthermore, the court had to determine if the agreement had been made in good faith and whether the necessary consultation processes were followed.

The court, after thorough consideration, determined that the Dormway Pty Ltd Civil Construction Enterprise Agreement 2012 met the statutory requirements for approval. The court found that the agreement provided for fair minimum wages and conditions, and it was free from any unfair terms. The court also confirmed that the agreement was made in good faith and that the appropriate consultation processes had been followed. Consequently, the court granted the application for approval of the agreement, affirming that it complied with the necessary legislative criteria. This decision ensures that the terms of the agreement will be binding under the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established