DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ductmakers Pty Ltd T/A Ductmakers Pty Ltd
(AG2019/1476)

DUCTMAKERS PTY LTD ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 12 JULY 2019

Application for approval of the Ductmakers Pty Ltd Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Ductmakers Pty Ltd 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 Ductmakers Pty Ltd T/A Ductmakers 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, Ductmakers Pty Ltd, trading as Ductmakers Pty Ltd, applied for approval of their Enterprise Agreement 2018-2021 before the Fair Work Commission. The applicant sought to formalise the terms and conditions of employment for its workforce under the proposed agreement, which outlined various aspects of employee remuneration, working conditions, and other employment-related matters. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement complied with the procedural requirements stipulated by the Fair Work Act, and whether it met the substantive criteria necessary for approval. This included assessing if the agreement was genuinely negotiated, contained appropriate dispute resolution mechanisms, and did not undermine the fundamental rights of employees. The court also needed to determine if the agreement provided for fair and reasonable terms, particularly in relation to wages, conditions, and other entitlements.

In reaching its decision, the Fair Work Commission examined the evidence provided by both parties and assessed the agreement against the statutory requirements. The court found that the agreement was the product of genuine bargaining and that it contained appropriate dispute resolution processes. Furthermore, the Commission determined that the proposed terms were fair and reasonable, offering adequate protections and benefits to employees. Given these findings, the court approved the Enterprise Agreement 2018-2021, thus formalising the terms of employment as proposed by the applicant.

Ductmakers Pty Ltd T/A Ductmakers 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