DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dynamite Concrete Construction Pty Ltd ATF Dynamite Concrete Construction Unit Trust T/A Dynamite Concrete Construction
(AG2016/5363)

DYNAMITE CONCRETE CONSTRUCTION ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Dynamite Concrete Construction Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Dynamite Concrete Construction Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dynamite Concrete Construction Pty Ltd ATF Dynamite Concrete Construction Unit Trust T/A Dynamite Concrete Construction. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 October 2016. The nominal expiry date of the Agreement is 18 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Dynamite Concrete Construction Enterprise Agreement 2016, brought before the Fair Work Commission by the Australian Building and Construction Commission. The application was filed by Dynamite Concrete Construction Pty Ltd, trading as Dynamite Concrete Construction, and the Construction, Forestry, Maritime, Mining and Energy Union. The central dispute was over whether the agreement met the requirements under the Fair Work Act 2009 to be considered a single, indivisible enterprise agreement. The union argued that the agreement should not be approved as it did not meet this criterion.

The key legal issue the court had to decide was whether the enterprise agreement was a single, indivisible agreement, as required by section 232(1) of the Fair Work Act 2009. The union contended that the agreement was not a single document but rather a series of agreements, which should be treated separately. The court needed to determine if the agreements were truly independent or if they formed a single, cohesive enterprise agreement.

The Fair Work Commission examined the structure and content of the agreement and found that while there were multiple documents, they formed a single, integrated enterprise agreement. The court concluded that the agreement was indivisible as it addressed a single enterprise and contained a comprehensive set of terms and conditions applicable to all employees within that enterprise. The court further found that the agreement was not defective and thus approved it under section 232(1) of the Fair Work Act 2009.

The final orders of the court were that the Dynamite Concrete Construction Enterprise Agreement 2016 be approved, and the application by the Australian Building and Construction Commission was dismissed. The decision was made on the basis that the agreement was a single, indivisible enterprise agreement, meeting all statutory requirements for approval.

Dynamite Concrete Construction Pty Ltd ATF Dynamite Concrete Construction Unit Trust T/A Dynamite Concrete Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established