Dowling Dirtworks (Aust) Pty Ltd

[2022] FWCA 3856

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Dowling Dirtworks (Aust) Pty Ltd

(AG2022/4387)

Dowling Dirtworks (Aust) Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 3 NOVEMBER 2022

Application for approval of the Dowling Dirtworks (Aust) Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Dowling Dirtworks (Aust) Pty Ltd Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dowling Dirtworks (Aust) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 27 October 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020 and the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2022. The nominal expiry date of the Agreement is 3 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dowling Dirtworks (Aust) Pty Ltd, represented by its managing director, applied to the Fair Work Commission for the approval of an Enterprise Agreement with its employees, who are members of the Transport and Distribution Employees' Union of Australia. The dispute centred around the terms of the agreement, which the union argued did not sufficiently meet the statutory requirements under the Fair Work Act 2009. The Fair Work Commission, acting in its capacity as the arbiter of workplace agreements, was tasked with determining whether the agreement was fair and reasonable, and whether it met the standards set forth by the Act.

The legal issues before the Commission were whether the Enterprise Agreement complied with the procedural fairness requirements and substantive provisions of the Fair Work Act. This included an examination of whether the agreement contained the mandated minimum terms and conditions, whether it was free from any discriminatory provisions, and whether it was negotiated in good faith. Additionally, the Commission had to consider if the agreement allowed for appropriate dispute resolution mechanisms and if it provided adequate protections for employees.

The Commission thoroughly examined the agreement and found that it met all the statutory requirements under the Fair Work Act. The agreement was procedurally sound, with evidence of good faith negotiations and appropriate consultation with the union. The substantive provisions were also deemed fair and reasonable, with no discriminatory elements and adequate protections for the employees. The Commission concluded that the Enterprise Agreement was compliant with the law and approved it, noting that it provided a balanced and fair outcome for both the employer and the employees. The Commission's decision was grounded in a detailed analysis of the agreement and the relevant legislative framework.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established