Dowsing Group Pty Ltd Summary

[2018] FWCA 661

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Dowsing Group Pty Ltd

(AG2017/6745)

Dowsing Group Enterprise Agreement 2017

Building, metal and civil construction industries
Deputy President Masson	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the Dowsing Group Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Dowsing Group Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dowsing Group Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2018. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dowsing Group Pty Ltd recently had its application for approval of the Dowsing Group Enterprise Agreement 2017 heard in the Fair Work Commission. The case involved Dowsing Group Pty Ltd, the applicant, and the Construction, Forestry, Maritime, Mining and Energy Union, the respondent. The dispute centred around the terms of the proposed enterprise agreement, which sought to regulate the employment conditions of the company's employees. The primary issue before the Commission was whether the agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees.

The legal issues that the Commission had to address included the fairness and reasonableness of the proposed terms and conditions, the adequacy of the consultation process undertaken by Dowsing Group Pty Ltd, and whether the agreement met the statutory criteria for approval. The Commission also had to consider whether the agreement provided for adequate protections for employees and whether it met the standards set by the Fair Work Act 2009. In particular, the Commission examined the provisions related to wages, hours of work, leave entitlements, and dispute resolution mechanisms.

The Commission found that the Dowsing Group Enterprise Agreement 2017 was fair and reasonable, and met all the statutory criteria for approval. It noted that the agreement provided for adequate protections for employees and that the consultation process was appropriate and sufficient. The Commission was satisfied that the agreement was in the best interests of the employees, and it approved the agreement. The Commission also noted that the agreement provided for a comprehensive dispute resolution process, which would ensure that any future disputes could be resolved efficiently and effectively.

Dowsing Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established