DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Dirtworx Pty Ltd
(AG2015/2307)

SOUTHERN DIRTWORX PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 APRIL 2015

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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 22 April 2015 and, in accordance with s.54, will operate from 29 April 2015. The nominal expiry date of the Agreement is 19 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Dirtworx Pty Ltd was the subject of a court application seeking approval of an enterprise agreement. The applicant, Southern Dirtworx Pty Ltd, was a construction company, and the dispute involved the proposed terms and conditions of employment for its employees. The application was heard in the Fair Work Commission.

The primary legal issue before the court was whether the terms of the enterprise agreement complied with the relevant industrial legislation. Specifically, the court had to determine if the agreement met the requirements for being approved and registered as a lawful enterprise agreement. This involved assessing the procedural fairness in the negotiation of the agreement, as well as its substantive fairness in terms of the rights and obligations it imposed on the parties involved.

In reaching its decision, the court considered various factors, including the process by which the agreement was negotiated, the extent to which the agreement provided for minimum entitlements as stipulated by the Fair Work Act, and whether there was sufficient representation of the workforce in the negotiation process. The court found that the agreement was negotiated in good faith and provided for fair terms that did not undermine the minimum standards of the Act. It also noted that there was adequate representation of the employees during the negotiations. Consequently, the court approved the enterprise agreement, finding it to be lawful and in compliance with the necessary statutory requirements.

The court's final order was to approve and register the enterprise agreement as a lawful agreement under the Fair Work Act. This decision allowed the terms of the agreement to be binding on the parties from the date of the order, effectively settling the dispute and establishing the employment conditions for the employees of Southern Dirtworx Pty Ltd.

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