DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Dirtworx Pty Ltd
(AG2017/6108)

SOUTHERN DIRTWORX PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 APRIL 2018

Application for approval of the Southern Dirtworx Pty Ltd Enterprise Agreement.

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

[2] The Applicant 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2018. The nominal expiry date of the Agreement is 20 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were Southern Dirtworx Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was about the approval of an enterprise agreement proposed by Southern Dirtworx Pty Ltd. The application was heard in the Fair Work Commission. The legal issues at hand revolved around whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009 to be approved. Specifically, the court needed to determine if the agreement provided for minimum rates of pay, terms, and conditions that met the safety net and if it was certified by an independent person.

The Fair Work Commission examined the agreement to ensure that it complied with the legislative requirements. The court focused on whether the agreement included the minimum allowable terms and conditions as stipulated by the Fair Work Act. It also considered if the agreement had been fairly and genuinely negotiated and whether it included provisions for genuine agreement and employee consultation. Ultimately, the court found that the agreement did not meet the necessary standards as it did not adequately address the minimum allowable terms and conditions. The court was also concerned about the lack of genuine consultation and negotiation processes. As a result, the application for approval of the enterprise agreement was dismissed.

The Commission ruled that the agreement did not comply with the statutory requirements and did not provide adequate protections for employees. The court ordered that the application for the approval of the Southern Dirtworx Pty Ltd Enterprise Agreement be dismissed. The agreement would not be approved until it was amended to meet the necessary standards under the Fair Work Act 2009.

Southern Dirtworx 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