DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ducon Maintenance Pty Ltd T/A Ducon Building Solutions
(AG2018/3205)

DUCON MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 19 NOVEMBER 2018

Application for approval of the Ducon Maintenance Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ducon Maintenance Pty Ltd Enterprise Agreement 2018 (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 T/A Ducon Building Solutions. The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2018. The nominal expiry date of the Agreement is 19 November 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ducon Maintenance Pty Ltd, trading as Ducon Building Solutions, was involved in a dispute concerning the approval of an enterprise agreement. The applicant, Ducon Maintenance, sought approval for the Ducon Maintenance Pty Ltd Enterprise Agreement 2018. The central issue was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its coverage and the terms it contained. The Commission was required to determine whether the agreement was a lawful and fair one, as well as whether it met the criteria for approval as an enterprise agreement.

The key legal issues centred on the comprehensiveness of the agreement, the procedural fairness in its formation, and the substantive fairness of its terms. Specifically, the Commission had to assess whether the agreement covered all employees within the nominated group, and if the process by which the agreement was formed was procedurally fair. Additionally, the Commission considered whether the terms of the agreement were fair and reasonable, taking into account various factors such as the nature of the work, the bargaining power of the parties, and the overall balance of the agreement.

The Fair Work Commission concluded that the application met the necessary legal standards for approval. The agreement was found to be comprehensive, covering all employees within the nominated group, and the process of its formation was deemed procedurally fair. The substantive terms of the agreement were also considered fair and reasonable, taking into account the specific circumstances of the parties and the nature of the work involved. Based on these findings, the Commission approved the Ducon Maintenance Pty Ltd Enterprise Agreement 2018. The approval ensures that the terms of the agreement will govern the employment conditions of the employees involved, provided it is registered with the Fair Work Commission.

Ducon Maintenance Pty Ltd T/A Ducon Building Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established