DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowells Bridge and Civil Pty Ltd
(AG2016/6416)

DOWELLS BRIDGE AND CIVIL PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Dowells Bridge and Civil Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dowells Bridge and Civil Pty Ltd Enterprise Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dowells Bridge and Civil Pty Ltd. The Agreement is a greenfields agreement.

[2] 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 and 187 of the Act, as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 3 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] Based on statutory declaration provided by the organisation, I am satisfied that the Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 18 November 2016 and, in accordance with s.54, will operate from 25 November 2016. The nominal expiry date of the Agreement is 18 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Dowells Bridge and Civil Pty Ltd was the subject of an application for approval of an enterprise agreement, brought before the Fair Work Commission. The applicant, Dowells Bridge and Civil Pty Ltd, sought approval of its 2016 Enterprise Agreement. The dispute centred on the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The Commission was tasked with assessing whether the agreement met the requirements for approval under the legislation.

The central legal issues revolved around whether the agreement provided for the terms and conditions of employment in a manner that was fair and reasonable, and whether it complied with the procedural requirements set out in the Act. Specifically, the Commission had to determine if the agreement had been made in good faith, and if it had been subjected to the necessary bargaining processes. Additionally, the Commission needed to consider whether the agreement contained all the prescribed terms and conditions and if it adhered to the broader objectives of the Fair Work Act.

The Commission found that the agreement was made in good faith and had undergone the requisite bargaining processes. It noted that the agreement comprehensively addressed all prescribed terms and conditions and aligned with the overarching goals of the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment. Consequently, the application for approval of the Dowells Bridge and Civil Pty Ltd Enterprise Agreement 2016 was granted.

The Fair Work Commission approved the Dowells Bridge and Civil Pty Ltd Enterprise Agreement 2016. The agreement was deemed to be fair, reasonable, and in compliance with the procedural and substantive requirements of the Fair Work Act 2009. The Commission's decision was based on the evidence provided, which demonstrated that the agreement was the result of good faith bargaining and contained all necessary terms and conditions of employment.

Dowells Bridge and Civil 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