Dowling Dirtworks (Aust) Pty Ltd
[2022] FWCA 3856
•3 NOVEMBER 2022
| [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
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Annexure A
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