DECISION

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

Stevenson Contracting Gold Coast Pty Ltd T/A Danlaid Contracting Gold Coast
(AG2014/10219)

DANLAID CONTRACTING GOLD COAST ENTERPRISE AGREEMENT 2014

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

Application for approval of the Danlaid Contracting Gold Coast 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 Gold Coast Pty Ltd T/A Danlaid Contracting Gold Coast for the approval of a single-enterprise agreement known as the Danlaid Contracting Gold Coast 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

In this matter, the applicant, Stevenson Contracting Gold Coast Pty Ltd trading as Danlaid Contracting Gold Coast, sought approval of the Danlaid Contracting Gold Coast Enterprise Agreement 2014. The applicant applied to the Fair Work Commission (FWC) to have the agreement approved as a modern award under the Fair Work Act 2009. The Fair Work Commission, in this case represented by Commissioner Cowling, was tasked with determining whether the agreement met the requirements of section 234 of the Act and whether it complied with the Fair Work (Registered Organisations) Act 2009.

The primary legal issue before the FWC was whether the agreement fulfilled the necessary conditions under section 234 of the Fair Work Act, including that the agreement contained terms that met the minimum standards set out in the Act, and whether it complied with the Fair Work (Registered Organisations) Act, including the requirement for the agreement to be negotiated by a registered organisation. The FWC also considered whether the agreement contained terms that were fair and reasonable in the circumstances.

The FWC found that the agreement met the requirements of section 234 of the Fair Work Act and was compliant with the Fair Work (Registered Organisations) Act. The FWC considered that the agreement contained terms that met the minimum standards set out in the Act and were fair and reasonable in the circumstances. The FWC was satisfied that the agreement had been negotiated by a registered organisation and that the process of negotiation had been appropriate. The FWC approved the agreement as a modern award under the Fair Work Act.

The FWC approved the Danlaid Contracting Gold Coast Enterprise Agreement 2014 as a modern award under the Fair Work Act. The FWC found that the agreement contained terms that met the minimum standards set out in the Act and were fair and reasonable in the circumstances. The FWC was satisfied that the agreement had been negotiated by a registered organisation and that the process of negotiation had been appropriate. The approval of the agreement will provide certainty and stability to the parties and their employees and will promote harmonious, productive and cooperative workplace relations.

Stevenson Contracting Gold Coast Pty Ltd T/A Danlaid Contracting Gold Coast

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established