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
(AG2019/3126)

DANLAID CONTRACTING BRISBANE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 21 OCTOBER 2019

Application for approval of the Danlaid Contracting Brisbane Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Danlaid Contracting Brisbane Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stevenson Contracting Brisbane Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] 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. The undertakings are taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

In the matter of Stevenson Contracting Brisbane Pty Ltd trading as Danlaid Contracting Brisbane, the Fair Work Commission was tasked with considering an application for approval of the Danlaid Contracting Brisbane Enterprise Agreement 2019. The dispute centred on the application submitted by the employer, seeking the Commission's endorsement of the proposed agreement which outlined the terms and conditions of employment for the workers within the specified enterprise. The Commission's role was to ensure that the agreement complied with the Fair Work Act 2009 and met the criteria for approval as stipulated by the relevant industrial legislation.

The central legal issues before the Commission were whether the proposed agreement was a "bargained" agreement within the meaning of the Fair Work Act, and if it satisfied the "better off overall test" (BOOT). This test required that no party to the agreement would be worse off financially than they were under the applicable award or existing enterprise agreement. Furthermore, the Commission needed to determine if the agreement was appropriately certified by an independent third party and whether it adhered to the procedural requirements set forth in the legislation. Additionally, the Commission had to consider whether the agreement complied with the public interest provisions and the general protections outlined in the Act.

Upon examining the application and the supporting documentation, the Commission concluded that the Danlaid Contracting Brisbane Enterprise Agreement 2019 was a genuine bargain between the employer and the employees' representatives. The Commission found that the agreement met the BOOT and was appropriately certified, and it adhered to the procedural requirements. The Commission also determined that the agreement did not contravene any public interest provisions or general protections as outlined in the Fair Work Act. Consequently, the Commission approved the application and endorsed the proposed agreement, which will now govern the terms and conditions of employment for the workers within the specified enterprise.

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