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

[2025] FWCA 2008

The attached document wholly replaces the document previously issued with code [2025] FWC 1675 to correct document referencing.

Associate to Commissioner Walkaden

Dated 25.6.25

[2025] FWCA 2008

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 the Dunmore Sand & Soil Enterprise Agreement 2024

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

In the Fair Work Commission, Dunmore Sand & Soil Pty Limited, trading as Dunmore Sand & Soil (DSS), applied for approval of the Dunmore Sand & Soil Enterprise Agreement 2024. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum entitlements and dealt with other matters in a manner that was consistent with the Act. The court was required to determine whether the agreement provided for minimum entitlements as required by the Act and whether it dealt with other matters in a manner consistent with the Act.

The Commission considered the submissions of both parties and examined the provisions of the agreement. The Commission noted that the agreement provided for minimum entitlements, including wages, hours of work, leave entitlements, and other employment conditions. The Commission also considered whether the agreement dealt with other matters in a manner consistent with the Act, including whether it provided for appropriate mechanisms for resolving disputes and promoting workplace health and safety. The Commission concluded that the agreement met the requirements of the Act and approved the agreement.

The Commission made orders approving the Dunmore Sand & Soil Enterprise Agreement 2024 as a certified agreement under the Fair Work Act 2009. The agreement is now legally binding on DSS and its employees who are covered by the agreement. The Commission's decision provides certainty for both parties and ensures that employees are protected by a fair and reasonable enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established