DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Drapers Civil Contracting Pty Ltd
(AG2018/4958)

DRAPER'S CIVIL CONTRACTING ENTERPRISE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2019

Application for approval of the Draper's Civil Contracting Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Draper’s Civil Contracting Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Drapers Civil Contracting 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.

[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 8 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Drapers Civil Contracting Pty Ltd applied for approval of the Draper's Civil Contracting Enterprise Agreement 2018 - 2021. The application was brought in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009 (Cth). The dispute centred on whether the agreement met the requirements of the Act, including that it must provide for the direct resolution of disputes between the parties.

The court identified two key issues. The first was whether the agreement was sufficiently in the interests of the employees and the second was whether it met the requirements of the Act. The primary issue was whether the agreement was "better off overall" for the employees, which the Fair Work Act requires to approve an enterprise agreement. The court had to consider whether the agreement provided employees with sufficient benefits to outweigh any detriments.

The Fair Work Commission found that the agreement met the statutory requirements and approved it. The court found that the agreement provided employees with a range of benefits, including wage increases, improved conditions, and additional leave entitlements. The court held that these benefits were sufficient to outweigh any detriments, and that the agreement was therefore "better off overall" for employees. The court also found that the agreement met all other requirements of the Act, including that it provided for the direct resolution of disputes between the parties.

Accordingly, the Fair Work Commission approved the Draper's Civil Contracting Enterprise Agreement 2018 - 2021. The agreement will now be binding on all employees and employers covered by it. The decision is a reminder of the importance of ensuring that enterprise agreements provide sufficient benefits to employees, and that they meet all other requirements of the Fair Work Act.

Drapers Civil Contracting 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