Exegen Pty Ltd Atf Dostoros Unit Trust T/A Exegen Pty Ltd

[2024] FWCA 1843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Exegen Pty Ltd Atf Dostoros Unit Trust T/A Exegen Pty Ltd

(AG2024/1403)

EXEGEN ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 21 MAY 2024

Application for approval of the Exegen Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Exegen Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 28 May 2024. The nominal expiry date of the Agreement is 20 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Exegen Pty Ltd, acting on behalf of the Dostoros Unit Trust, applied to the Fair Work Commission for approval of the Exegen Enterprise Agreement 2023. The application sought to establish a new agreement governing the terms and conditions of employment for employees of Exegen. The dispute arose from disagreements between the employer and the employees' representatives regarding various aspects of the proposed agreement, including wages, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Key questions included whether the agreement provided for fair and reasonable terms and conditions, whether it was negotiated in good faith, and whether it complied with the mandatory provisions of the Fair Work Act. The Commission also needed to determine if the agreement would result in a safer and healthier workplace and whether it was free from any unfair discrimination.

After hearing submissions from both parties and considering the evidence presented, the Fair Work Commission approved the Exegen Enterprise Agreement 2023. The Commission found that the agreement met all statutory requirements, including providing for fair and reasonable terms and conditions, being negotiated in good faith, and complying with the mandatory provisions of the Fair Work Act. The Commission further concluded that the agreement would result in a safer and healthier workplace and was free from any unfair discrimination. Consequently, the Commission granted the application for approval of the agreement.

In light of the approval, the Commission made orders formalising the approval of the Exegen Enterprise Agreement 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established