DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flex Holdings Pty Ltd T/A Dash Civil Contracting
(AG2018/1367)

FLEX HOLDINGS PTY LTD T/A DASH CIVIL CONTRACTING ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of the Flex Holdings Pty Ltd T/A Dash Civil Contracting Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Flex Holdings Pty Ltd T/A Dash Civil Contracting Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flex Holdings Pty Ltd T/A Dash Civil Contracting. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and 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.

[4] The Agreement was approved on 11 September 2018 and, in accordance with s.54, will operate from 18 September 2018. The nominal expiry date of the Agreement is 11 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Flex Holdings Pty Ltd, trading as Dash Civil Contracting, applied to the Fair Work Commission for approval of the Enterprise Agreement 2018. The application was made under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for Dash Civil Contracting's employees, with the Fair Work Commission required to determine if the agreement met the criteria for direct approval. The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether the agreement was free from any unfair provisions.

The Commission examined the agreement clause by clause, considering the balance of rights and obligations, the adequacy of the agreement's terms, and whether it met the requirements for direct approval. It was noted that the agreement contained a mix of standard industry terms and bespoke clauses tailored to Dash Civil Contracting's operations. The Commission also considered the extent of employee representation and consultation during the negotiation process. After reviewing the evidence and submissions, the Commission determined that the agreement was fair and reasonable in all respects and met the criteria for direct approval. The agreement was found to be balanced, adequately covered the necessary terms, and provided for a fair resolution of the employment relationship between the employer and employees.

The Fair Work Commission approved the Enterprise Agreement 2018 under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to apply to all employees of Dash Civil Contracting, excluding those specifically excluded by the agreement. The approval was subject to the conditions that the employer and employees adhere to the terms of the agreement, and that any disputes arising under the agreement are referred to the Commission for resolution. This decision provides clarity and certainty for both the employer and employees regarding the terms and conditions of their employment.

Flex Holdings Pty Ltd T/A Dash Civil Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established