DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dynamic Developments Pty Ltd
(AG2017/2242)

DYNAMIC DEVELOPMENTS LABOUR PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 3 JULY 2017

Application for approval of the Dynamic Developments Labour Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dynamic Developments Labour Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Association of Victoria. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2017. The nominal expiry date of the Agreement is 2 July 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Dynamic Developments Pty Ltd, applied to the Fair Work Commission for approval of the Dynamic Developments Labour Pty Ltd Enterprise Agreement 2017. The applicant sought to finalise the terms of employment for its employees, including wages, conditions of employment, and dispute resolution mechanisms. The matter was heard by Commissioner [Name] in the Commission's Melbourne registry.

The primary legal issue before the Commission was whether the terms of the enterprise agreement were fair and reasonable, as required by the Fair Work Act 2009. The applicant needed to demonstrate that the agreement met the requirements for being a "low-paid" agreement and that it had been negotiated in good faith. The Commission also had to consider whether the agreement provided for the fair and reasonable terms and conditions of employment, including the minimum rates of pay and other entitlements.

The Commission found that the enterprise agreement met the criteria for being a low-paid agreement and had been negotiated in good faith. The agreement provided for minimum rates of pay and other entitlements that were fair and reasonable. The Commission also found that the agreement contained appropriate dispute resolution mechanisms and was in the best interests of the employees. The Commission approved the enterprise agreement, subject to certain conditions, and made orders accordingly.

The Commission's decision was based on a careful consideration of the evidence and submissions presented by the parties. The Commission found that the enterprise agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The Commission also noted the importance of promoting good faith bargaining and the resolution of workplace disputes through enterprise agreements. The orders made by the Commission approved the enterprise agreement, subject to certain conditions, and provided for its registration with the Fair Work Commission.

Dynamic Developments 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