DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Davison Nominees Pty Ltd T/A Davison Earthmovers
(AG2021/4300)

J DAVISON NOMINEES PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 1 APRIL 2021

Application for approval of the J Davison Nominees Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the J Davison Nominees Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by J Davison Nominees Pty Ltd T/A Davison Earthmovers (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 29 March 2021. I note that the Construction, Forestry, Mining and Energy Union (CFMEU) advised the Agreements team on 24 March 2021 that it sought to intervene and requested certain information be provided. On 30 March 2021 my Associate emailed the CFMEU and asked that they provide details of the basis on which they wished to intervene and any concerns in respect of the approval of the Agreement by 4.00pm, 1 April 2021. No response was received. This application has been determined on the papers.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 1 April 2025.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, J Davison Nominees Pty Ltd trading as Davison Earthmovers, applied for the approval of the J Davison Nominees Pty Ltd Enterprise Agreement 2021. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the necessary criteria for registration and whether it complied with all relevant provisions of the Act.

The legal issues that arose from this application included whether the agreement was made in good faith, whether it provided for a genuine enterprise, and whether it contained all the required minimum terms as specified under the Act. Additionally, the court had to determine whether the agreement was free from any unlawful provisions that would render it invalid. The applicant argued that the agreement was fair and balanced, while no other party contested the application.

The Fair Work Commission found that the enterprise agreement was made in good faith and represented a genuine enterprise. It satisfied all the minimum terms required by the Fair Work Act 2009 and did not contain any unlawful provisions. The Commission approved the agreement, concluding that it met all the necessary statutory requirements and was fair and reasonable in its terms. Consequently, the applicant's application for approval of the enterprise agreement was successful.

J Davison Nominees Pty Ltd T/A Davison Earthmovers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established