DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dragon Labour Hire Pty Ltd
(AG2020/612)

DRAGON LABOUR HIRE PTY LTD ENTERPRISE AGREEMENT 2020 – 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 APRIL 2020

Application for approval of the Dragon Labour Hire Pty Ltd Enterprise Agreement 2020 –2024.

[1] An application has been made for approval of an enterprise agreement known as the Dragon Labour Hire Pty Ltd Enterprise Agreement 2020 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Dragon Labour Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 13 April 2020. The nominal expiry date of the Agreement is 5 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dragon Labour Hire Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement, which was entered into with various employees. The application was opposed by the Australian Services Union. The dispute centred around the terms of the proposed agreement, particularly regarding the classification of employees and the conditions of their employment. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and if it met the criteria for being a "better off overall" agreement.

The legal issues before the Commission included whether the agreement appropriately classified employees and whether the terms provided for a fair and reasonable outcome for the employees. Additionally, the Commission had to assess if the agreement complied with the procedural requirements set out in the Fair Work Act. The Commission examined the evidence presented by both parties and considered the applicable legal framework, including the principles of good faith bargaining and the requirement for a "better off overall" test.

The Commission found that the agreement was fair and reasonable, meeting the "better off overall" test. It determined that the classification of employees and the terms of the agreement were appropriate and complied with the Act. The Commission concluded that the agreement was made in good faith and that it provided for fair and reasonable outcomes for the employees. Consequently, the application for approval was granted, and the enterprise agreement was approved.

The Fair Work Commission ordered that the Dragon Labour Hire Pty Ltd Enterprise Agreement 2020–2024 be approved and registered, effective from the date of the decision. This decision ensures that the agreement will govern the employment conditions of the relevant employees for the specified period, provided it is complied with by both parties.

Dragon Labour Hire 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