DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dowling Dirtworks (Aust) Pty Ltd
(AG2017/2718)

DOWLING DIRTWORKS (AUST) PTY LTD. 2017-2021 ENTERPRISE AGREEMENT

Mining industry
COMMISSIONER MCKINNON	MELBOURNE, 21 AUGUST 2017

Application for approval of the Dowling Dirtworks (Aust) Pty Ltd. 2017-2021 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Dowling Dirtworks (Aust) Pty Ltd. 2017-2021 Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dowling Dirtworks (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2017. The nominal expiry date of the Agreement is 20 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dowling Dirtworks (Aust) Pty Ltd sought the approval of its 2017-2021 Enterprise Agreement. The application was brought before the Fair Work Commission, as the parties were unable to reach a consensus on the agreement's provisions. The dispute centred around various terms and conditions, including wages, hours of work, and dispute resolution mechanisms.

The legal issues before the commission involved assessing whether the agreement complied with the Fair Work Act 2009, specifically considering if the agreement met the requirements for 'good faith' bargaining and whether it provided a safety net for employees. The commission had to determine if the agreement fairly reflected the balance of power between the employer and employees and whether it provided minimum entitlements that were not less favourable than the relevant award or safety net.

The commission found that the agreement was fair and met the requirements of the act. It noted that both parties had engaged in good faith bargaining and that the agreement provided for minimum entitlements that were not less favourable than those provided under the relevant award. The commission also considered the impact of the agreement on the employees and concluded that it was in their best interests. Consequently, the commission approved the agreement.

The final orders of the commission were that the Dowling Dirtworks (Aust) Pty Ltd. 2017-2021 Enterprise Agreement be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to apply to all employees covered by it, and both parties were bound by its terms and conditions.

Dowling Dirtworks (Aust) 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