DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Downing Teal Pty Ltd T/A DT Workforce
(AG2016/6017)

DT WORKFORCE BUILDING AND CONSTRUCTION ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 14 DECEMBER 2016

Application for approval of the DT Workforce Building and Construction Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the DT Workforce Building and Construction Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Downing Teal Pty Ltd T/A DT Workforce. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2016. The nominal expiry date of the Agreement is 13 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Downing Teal Pty Ltd, trading as DT Workforce, applied for approval of the DT Workforce Building and Construction Enterprise Agreement 2016. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The nature of the dispute centred around whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009 and was made in good faith.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and if it met the criteria for approval under the Fair Work Act. The CFMEU argued that the agreement did not genuinely reflect the terms of the employment relationship and that it was not made in good faith. The Commission had to examine the negotiation process, the content of the agreement, and whether it satisfied the good faith requirement.

The Commission assessed the negotiation process and found that it was genuine, with both parties actively participating in the discussions. The Commission considered the content of the agreement, which included terms such as wages, hours of work, and other employment conditions. The Commission concluded that the agreement reflected a genuine attempt to negotiate and did not contain any provisions that were contrary to public policy or unfair. The Commission also found that the agreement was made in good faith, as it was not entered into under duress or coercion. As a result, the Commission approved the DT Workforce Building and Construction Enterprise Agreement 2016.

Downing Teal Pty Ltd T/A DT Workforce

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established