Dundrum Excavations Pty Ltd

[2014] FWCA 1897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dundrum Excavations Pty Ltd
(AG2014/548)

DUNDRUM EXCAVATIONS PTY LTD MINIMUM RATES ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 MARCH 2014

Application for approval of the Dundrum Excavations Pty Ltd Minimum Rates Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 March 2014 by Dundrum Excavations Pty Ltd for the approval of a single-enterprise agreement known as the Dundrum Excavations Pty Ltd Minimum Rates Enterprise Agreement 2014(“the Agreement”).

[2] 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] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement and is attached to the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application for approval of the Dundrum Excavations Pty Ltd Minimum Rates Enterprise Agreement 2014. Dundrum Excavations Pty Ltd was the applicant, and the Construction, Forestry, Maritime, Mining and Energy Union acted on behalf of the employees. The primary dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission's role was to assess if the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in accordance with the provisions of the Act.

The legal issues before the Commission involved scrutinising the provisions of the agreement to ensure compliance with the Act's requirements, including whether the agreement was made without undue coercion, and if it provided for fair and reasonable terms. The Commission also had to determine if the agreement was made in good faith and if it included appropriate provisions for employee representation and consultation. Additionally, the Commission examined whether the agreement adequately protected employee rights and interests.

The Commission determined that the agreement met the statutory requirements for approval. It found that the agreement was made without coercion and provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement was made in good faith and included adequate provisions for employee representation and consultation. The Commission also concluded that the agreement adequately protected employee rights and interests, and thus was fit for approval. The Commission approved the application, allowing the enterprise agreement to come into effect.

The Fair Work Commission issued an order approving the Dundrum Excavations Pty Ltd Minimum Rates Enterprise Agreement 2014. The order specified that the agreement would come into effect on the date of the decision, subject to the terms and conditions outlined in the agreement. The Commission's approval was based on its finding that the agreement met all statutory requirements and provided for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established