Dunmore Sand & Soil Pty Limited Trading AS Dunmore Sand & Soil (DSS)

[2025] FWC 1675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Dunmore Sand & Soil Pty Limited Trading AS Dunmore Sand & Soil (DSS)

(AG2025/1771)

DUNMORE SAND & SOIL ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER WALKADEN	SYDNEY, 17 JUNE 2025

Application for approval of a single-enterprise agreement

This decision concerns an application for approval of the Dunmore Sand & Soil Enterprise Agreement 2024 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Dunmore Sand & Soil Pty Limited (the Applicant). The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act.

The Agreement that accompanied the application did not comply with the signature requirements (see section 185(5) of the FW Act, and Regulation 2.06A of the Fair Work Regulations 2009). That is because the Agreement that accompanied the application was not signed by the employer covered by the agreement or by at least one representative of the employees covered by the Agreement. An amended signature page was subsequently filed. In accordance with section 586(b) of the FW Act, I waive this irregularity.

The material filed in support of this application was solely from the Applicant. Based upon that material, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 24 June 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dunmore Sand & Soil Pty Limited, trading as Dunmore Sand & Soil (DSS), applied to the Fair Work Commission for approval of a single-enterprise agreement. The dispute involved the proposed terms and conditions of employment for DSS's employees. The Commission was required to determine whether the agreement met the statutory requirements and was in the best interests of the employees.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, and if the agreement was fair and reasonable for the employees. The Commission had to consider whether the agreement provided for a minimum rate of pay, included provisions for employee entitlements and conditions, and whether it was negotiated in good faith. Additionally, the Commission needed to assess if the agreement was fair and reasonable, taking into account the nature of the enterprise and the bargaining power of the parties.

The Commission found that the proposed agreement complied with the relevant legislation and was fair and reasonable for the employees. The agreement provided for a minimum rate of pay, included provisions for employee entitlements and conditions, and was negotiated in good faith. The Commission also considered the nature of the enterprise and the bargaining power of the parties in reaching its decision. As a result, the Commission approved the single-enterprise agreement.

The Fair Work Commission approved the single-enterprise agreement between Dunmore Sand & Soil Pty Limited and its employees, effective from 1 July 2022. The agreement outlines the terms and conditions of employment, including minimum rates of pay, employee entitlements, and other relevant provisions. This decision provides certainty and stability for both the employer and employees, and ensures that the agreement meets the statutory requirements and is fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established