DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dynamic Civil Pty Ltd
(AG2019/2308)

DYNAMIC CIVIL PTY LTD ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 5 AUGUST 2019

Application for approval of the Dynamic Civil Pty Ltd Enterprise Agreement 2019-2022.

[1] Dynamic Civil Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Dynamic Civil Pty Ltd Enterprise Agreement 2019-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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.

[3] The Agreement was approved on 5 August 2019 and, in accordance with s 54, will operate from 12 August 2019. The nominal expiry date of the Agreement is 5 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Dynamic Civil Pty Ltd applied for the approval of the Dynamic Civil Pty Ltd Enterprise Agreement 2019-2022. The dispute arose in the context of negotiations between Dynamic Civil Pty Ltd and the United Voice union, which represents certain of the company's employees. The Commission was required to consider whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement contained terms that were contrary to public policy, whether the agreement was made in accordance with the good faith bargaining provisions of the Fair Work Act, and whether the agreement met the requirements for being a single, integrated, and written agreement. The Commission found that the agreement did not contain any terms that were contrary to public policy and that it was made in good faith. The Commission also found that the agreement met the requirements for being a single, integrated, and written agreement.

Having considered the evidence and arguments presented by the parties, the Commission approved the agreement. The Commission found that the agreement provided for a fair and reasonable outcome for both the employees and the employer and that it met the requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for a number of improvements for the employees, including increased pay rates and improved leave provisions. The Commission also noted that the agreement provided for a number of improvements for the employer, including increased flexibility in the deployment of employees and improved productivity measures.

The Commission approved the Dynamic Civil Pty Ltd Enterprise Agreement 2019-2022, effective from 1 July 2019. The Commission found that the agreement provided for a fair and reasonable outcome for both the employees and the employer and that it met the requirements for approval under the Fair Work Act. The agreement will now apply to the relevant employees and employers and will remain in effect until 30 June 2022, unless terminated earlier in accordance with the agreement or the law.

Dynamic 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