Dundrum Civil Pty Ltd T/A Dundrum Civil Pty Ltd

[2023] FWCA 638

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Dundrum Civil Pty Ltd T/A Dundrum Civil Pty Ltd

(AG2023/310)

Dundrum civil pty minimum rates enterpise Agreement 2023

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 27 FEBRUARY 2023

Application for approval of the Dundrum Civil Pty Minimum Rates Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Dundrum Civil Pty Minimum Rates Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dundrum Civil Pty Ltd T/A Dundrum Civil Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2023. The nominal expiry date of the Agreement is 30 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dundrum Civil Pty Ltd T/A Dundrum Civil Pty Ltd, a construction company, applied to the Fair Work Commission for approval of the Dundrum Civil Pty Minimum Rates Enterprise Agreement 2023. The applicant sought to establish a new enterprise agreement which would replace the existing one. The dispute involved the negotiation and ratification of the terms of the new agreement by the employees of the company.

The primary legal issues the Fair Work Commission had to address were whether the agreement was fairly and properly negotiated and whether it met the requirements of the Fair Work Act 2009. The Commission had to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the Commission needed to consider whether the agreement was supported by a majority of the relevant employees, as required by the legislation.

The Commission found that the agreement was indeed negotiated in good faith and met all the statutory requirements. The agreement was found to cover the minimum terms and conditions as outlined in the Act and had been supported by the majority of the relevant employees. The Commission was satisfied that the process of negotiation and ratification was conducted fairly and properly. The application for approval was therefore granted, and the new enterprise agreement was approved.

The final orders of the Commission included the approval of the Dundrum Civil Pty Minimum Rates Enterprise Agreement 2023, effective from the date of the Commission’s decision. The agreement was to replace the existing enterprise agreement, and all terms and conditions contained within it were deemed to be binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established