Ducon Maintenance Pty Ltd

[2014] FWCA 7404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ducon Maintenance Pty Ltd
(AG2014/9130)

DUCON MAINTENANCE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 OCTOBER 2014

Application for approval of the Ducon Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ducon Maintenance Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ducon Maintenance Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 20 October 2014 and, in accordance with s.54, will operate from 27 October 2014. The nominal expiry date of the Agreement is 19 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ducon Maintenance Pty Ltd, represented by its directors, applied for the approval of the Ducon Maintenance Enterprise Agreement 2014. The applicant sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment within the enterprise, as well as the procedural fairness of the bargaining process.

The court was required to determine whether the agreement met the statutory requirements for approval as a registered enterprise agreement. This included assessing whether the agreement had been made in good faith, whether it was in writing, and whether it contained certain prescribed minimum terms and conditions. Additionally, the court needed to consider whether the process by which the agreement was negotiated and concluded was fair and appropriate, particularly in light of the bargaining power disparity between the parties.

The court found that the agreement was made in good faith and contained all the prescribed minimum terms and conditions. Furthermore, the court was satisfied that the process by which the agreement was negotiated and concluded was fair and appropriate. The applicant had demonstrated that it had taken reasonable steps to ensure that the agreement was understood by the employees and that they had an opportunity to express their views. The court concluded that the agreement met the statutory requirements for approval and granted the application for approval.

The court ordered that the Ducon Maintenance Enterprise Agreement 2014 be registered as a registered enterprise agreement under the Fair Work Act 2009. The agreement would now be binding on all employees covered by the agreement, and the terms and conditions of employment would be governed by the provisions of the agreement. The court also noted that the agreement would remain in force until it was replaced by a new agreement or terminated in accordance with the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established