DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dundrum Civil Pty Ltd
(AG2019/52)

DUNDRUM CIVIL PTY LTD MINIMUM RATES ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 15 JULY 2019

Application for approval of the Dundrum Civil Pty Ltd Minimum Rates Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dundrum Civil Pty Ltd Minimum Rates Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dundrum Civil Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer did not notify relevant employees by the start of the access period for the Agreement of the time and place at which the vote would occur, and the voting method that will be used, as required by s.180(3) of the Act. However, notification of the vote was effected immediately after the start of the access period. I have taken into account that the Agreement is a rollover Agreement and there was a high voter turnout. In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others, 1 I am satisfied that:

(a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

(b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[3] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.
[5] Subject to the undertakings, 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.

[6] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dundrum Civil Pty Ltd applied to the Fair Work Commission for approval of the Dundrum Civil Pty Ltd Minimum Rates Enterprise Agreement 2018. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) which represents some of the employees covered by the agreement. The Commission had to determine whether the agreement met the requirements of the Fair Work Act 2009 for approval.

The key legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the parties, whether it contained all the mandatory terms required by the Fair Work Act, and whether it complied with the procedural requirements for approval. The Commission also had to consider whether the agreement provided for the protection of employees' rights and interests, and whether it was fair and reasonable in all the circumstances.

The Commission found that the agreement was genuinely a product of bargaining and contained all the mandatory terms required by the Fair Work Act. The Commission also found that the procedural requirements for approval had been met and that the agreement provided for the protection of employees' rights and interests. The Commission was satisfied that the agreement was fair and reasonable in all the circumstances, and therefore approved the agreement. The CFMEU's opposition to the agreement was dismissed.

The Commission approved the Dundrum Civil Pty Ltd Minimum Rates Enterprise Agreement 2018, effective from 1 July 2018. The CFMEU's application to object to the agreement was dismissed.

Dundrum Civil 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