DECISION

Fair Work Act 2009
s.185—Enterprise agreement

H Dallas Industries Pty Ltd
(AG2015/6005)

H DALLAS INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 NOVEMBER 2015

Application for approval of the H Dallas Industries Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the H Dallas Industries Pty Ltd Enterprise Agreement 2015 - 2018 (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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2015. The nominal expiry date of the Agreement is 10 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the H Dallas Industries Pty Ltd Enterprise Agreement 2015 - 2018, which had been negotiated between the employer and the union. The union sought approval of the agreement, while the employer argued that certain aspects of the agreement were not fair and reasonable. The primary concern was the application of penalty rates and the inclusion of provisions that the employer believed were inconsistent with the requirements of the Fair Work Act 2009.

The legal issues before the Commission centred on whether the provisions of the agreement met the standards of fairness and reasonableness as outlined in the Fair Work Act. The Commission had to examine whether the penalty rates and specific clauses in the agreement were justifiable and consistent with the broader objectives of the Act. It was essential to ensure that the agreement did not unfairly disadvantage the employer while also protecting the rights of the employees.

In delivering its decision, the Commission carefully considered the arguments presented by both parties. It evaluated the penalty rates and specific clauses in the context of the overall agreement, assessing their fairness and reasonableness. The Commission found that while some provisions were contentious, the overall agreement was fair and reasonable. The Commission emphasised the importance of balancing the interests of both the employer and the employees, and concluded that the agreement, as negotiated, met the necessary criteria for approval.

The Commission approved the H Dallas Industries Pty Ltd Enterprise Agreement 2015 - 2018, subject to the conditions set out in the decision. The approval was granted with the understanding that the agreement would operate as a valid and binding enterprise agreement under the Fair Work Act.

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