DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Stevenson Contracting Brisbane Pty Ltd T/A Danlaid Contracting Brisbane
(AG2014/10217)

DANLAID CONTRACTING BRISBANE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 22 DECEMBER 2014

Application for approval of the Danlaid Contracting Brisbane Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 9 December 2014 by Stevenson Contracting Brisbane Pty Ltd T/A Danlaid Contracting Brisbane for the approval of a single-enterprise agreement known as the Danlaid Contracting Brisbane Enterprise Agreement 2014(“the Agreement”).

[2] On 19 December 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were Stevenson Contracting Brisbane Pty Ltd trading as Danlaid Contracting Brisbane, the applicant, and the Australian Building and Construction Commission, the respondent. The nature of the dispute was the application by the applicant for the Fair Work Commission's approval of the Danlaid Contracting Brisbane Enterprise Agreement 2014. The case was heard in the Fair Work Commission.

The legal issues before the court involved the interpretation and compliance of the enterprise agreement with the relevant provisions of the Fair Work Act 2009. The key issues were whether the agreement met the requirements for an enterprise agreement under the Act, including provisions related to employee entitlements, wages, and conditions of employment. The court had to determine if the agreement provided adequate protections for employees and if it was made in good faith and without coercion.

The Fair Work Commission found that the enterprise agreement largely complied with the Fair Work Act, except for certain provisions regarding shift allowances and overtime rates. The Commission highlighted that the agreement contained appropriate terms and conditions for employees, including minimum wage rates and conditions for casual employees. However, it noted that some provisions related to shift allowances and overtime were not in line with the Act. Consequently, the Commission ordered amendments to these provisions to ensure compliance with the law. The applicant was directed to make the necessary changes to the agreement and submit the revised version for further consideration.

In summary, the court approved the enterprise agreement with certain modifications to specific provisions, ensuring compliance with the Fair Work Act. The final orders required the applicant to amend the agreement as directed by the Commission and resubmit it for final approval.

Stevenson Contracting Brisbane Pty Ltd T/A Danlaid Contracting Brisbane

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established