Dynamic Civil Pty Ltd Summary

[2022] FWCA 4021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dynamic Civil Pty Ltd

(AG2022/4633)

Dynamic Civil Pty Ltd Employees Enterprise Agreement 2022-2026

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 NOVEMBER 2022

Application for approval of the Dynamic Civil Pty Ltd Employees Enterprise Agreement 2022-2026.

An application has been made for approval of an enterprise agreement known as the Dynamic Civil Pty Ltd Employees Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dynamic Civil Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, 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.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2022. The nominal expiry date of the Agreement is 16 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dynamic Civil Pty Ltd applied to the Fair Work Commission for approval of the Dynamic Civil Pty Ltd Employees Enterprise Agreement 2022-2026. The applicant is an engineering and construction company and the dispute concerns the terms of employment for its employees. The applicant sought to have the proposed agreement approved by the Fair Work Commission, which would give it legal force and effect.

The legal issues before the Commission were whether the proposed agreement was a "good faith" agreement and whether it contained any provisions that were contrary to public policy or contrary to the provisions of the Fair Work Act 2009. The Commission considered whether the agreement provided for a fair and reasonable outcome for employees and whether it complied with all relevant legislative requirements. The Commission also considered whether the agreement was negotiated in good faith and whether it provided for appropriate mechanisms for dispute resolution.

The Commission found that the proposed agreement was a good faith agreement and that it complied with all relevant legislative requirements. The Commission considered that the agreement provided for a fair and reasonable outcome for employees and that it contained appropriate mechanisms for dispute resolution. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or contrary to the provisions of the Fair Work Act 2009. The Commission approved the proposed agreement, subject to certain minor modifications to ensure compliance with the Fair Work Regulations 2009.

The Fair Work Commission approved the Dynamic Civil Pty Ltd Employees Enterprise Agreement 2022-2026, subject to certain minor modifications. The modifications related to the calculation of penalty rates for Sunday work and the provision of additional notice for termination of employment. The applicant was directed to make the necessary changes to the agreement and to provide a copy of the modified agreement to the Commission within 28 days of the decision. The Commission also directed that the modified agreement be registered with the Fair Work Ombudsman.

Dynamic Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established