DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H Dallas Industries Pty Ltd
(AG2018/6886)

H DALLAS INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MAY 2019

Application for approval of the H Dallas Industries Pty Ltd Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the H Dallas Industries Pty Ltd Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H Dallas Industries Pty Ltd. 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, 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] I note that Clauses 4, 9, 10 and 12 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 3.4.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 8 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

H Dallas Industries Pty Ltd was a party in an application brought before the Fair Work Commission regarding the approval of an enterprise agreement for the period 2018 to 2021. The other party involved was a union representing employees of H Dallas Industries Pty Ltd. The nature of the dispute centred on whether the proposed enterprise agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Act.

The legal issues before the Commission included whether the agreement had been made in good faith and whether it contained the necessary minimum entitlements for employees as mandated by the Act. The Commission also needed to consider whether the agreement was likely to lead to improved productivity, efficiency, and profitability within H Dallas Industries Pty Ltd. Additionally, the Commission was required to ensure that the agreement did not undermine the fundamental rights of employees as provided for under Australian labour law.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was made in good faith and contained the necessary minimum entitlements for employees. The Commission noted that the agreement included provisions for improved productivity, efficiency, and profitability, which were likely to benefit both the employer and the employees. The Commission was satisfied that the agreement did not undermine the fundamental rights of employees and was in their best interests. Consequently, the Fair Work Commission approved the H Dallas Industries Pty Ltd Enterprise Agreement 2018-2021, deeming it compliant with the requirements of the Fair Work Act 2009.

H Dallas Industries 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