Dundrum Excavations Pty Ltd

[2016] FWCA 1237

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dundrum Excavations Pty Ltd

(AG2016/186)

DUNDRUM CIVIL PTY LTD MINIMUM RATES ENTERPRISE

AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER ROE

MELBOURNE, 26 FEBRUARY 2016

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

2015.

[1] An application has been made for approval of an enterprise agreement known as the

Dundrum Civil Pty Ltd Minimum Rates Enterprise Agreement 2015 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by Dundrum Excavations Pty Ltd. The Agreement is a single enterprise agreement.

[1] 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[2] The Agreement was approved on 26 February 2016 and, in accordance with s.54, will

operate from 4 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dundrum Excavations Pty Ltd applied for the approval of the Dundrum Civil Pty Ltd Minimum Rates Enterprise Agreement 2015 (the Agreement) under section 185 of the Fair Work Act 2009. The Agreement was a single enterprise agreement and was made by Dundrum Excavations Pty Ltd. The applicant was satisfied that the requirements of sections 186, 187, and 188 of the Act had been met. The Agreement did not cover all employees of the employer, but the applicant was satisfied that the group of employees was fairly chosen, taking into account the factors in sections 186(3) and (3A) of the Act.

The court was required to decide whether the Agreement met the requirements of the Act, and whether the group of employees was fairly chosen. The court found that the Agreement met the requirements of the Act and that the group of employees was fairly chosen.

The court approved the Agreement on 26 February 2016 and, in accordance with section 54, the Agreement will operate from 4 March 2016. The nominal expiry date of the Agreement is 31 December 2018. The court was satisfied that the applicant had met all the necessary requirements and that the Agreement was fair and reasonable. The court approved the Agreement and it will operate from the date specified.

No further orders were made by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established