DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2015/5602)

DIMAC CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 7 OCTOBER 2015

Application for approval of the Dimac Constructions Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dimac Constructions Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Association of Victoria. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 7 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Master Builders Association of Victoria brought an application to the Fair Work Commission to approve the Dimac Constructions Pty Ltd Enterprise Agreement 2015. The agreement was made between Dimac Constructions and the Building Construction General On-Site Workers Union. The primary dispute was over the classification of workers and the terms and conditions outlined in the agreement, particularly whether they met the necessary standards for approval under the Fair Work Act 2009.

The court was required to decide if the enterprise agreement adequately provided for the classification of employees, whether it contained terms that were contrary to public policy or unjust, and if it met the "better off overall test" as required by the Fair Work Act. This involved assessing the balance between the benefits and detriments to employees, ensuring the agreement did not unfairly disadvantage any party, and verifying that it complied with minimum workplace standards.

The Fair Work Commission found that the agreement appropriately classified the employees and did not contain terms that were contrary to public policy or unjust. The court also determined that the agreement satisfied the "better off overall test", as it provided overall benefits to the employees that outweighed any detriments. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Dimac Constructions Pty Ltd Enterprise Agreement 2015, confirming its compliance with the relevant provisions of the Fair Work Act. The agreement was deemed to appropriately classify employees, contain fair terms, and meet the "better off overall test". This approval ensures that the agreement is legally binding and enforceable.

Master Builders Association of Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established