Application by Megan Therese Sinnott on behalf of DRA Operations APAC Pty Ltd Summary

[2024] FWCA 2139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Application by Megan Therese Sinnott on behalf of DRA Operations APAC Pty Ltd

(AG2024/1888)

DRA OPERATIONS CARMICHAEL ENTERPRISE AGREEMENT 2024

Coal industry
COMMISSIONER HUNT	BRISBANE, 25 JUNE 2024

Application for approval of the DRA Operations Carmichael Enterprise Agreement 2024

Megan Therese Sinnott (the Applicant) has applied for approval of an enterprise agreement known as the DRA Operations Carmichael Enterprise Agreement 2024 (the Agreement) on behalf of DRA Operations APAC Pty Ltd (the Employer). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 28 March 2024 and the Agreement was made on 16 May 2024. Accordingly, the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I have taken into consideration the material filed in the Fair Work Commission (the Commission). 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Mining and Energy Union (MEU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the MEU and CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2024. The nominal expiry date of the Agreement is 25 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Megan Therese Sinnott, acting on behalf of DRA Operations APAC Pty Ltd, applied to the Fair Work Commission for approval of the DRA Operations Carmichael Enterprise Agreement 2024. The dispute centred around the terms and conditions of employment for the employees of DRA Operations APAC Pty Ltd, as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement contained all the necessary components required by the Fair Work Act, including minimum entitlements and the process for resolving disputes. Additionally, the Commission needed to assess whether the agreement complied with the "better off overall test," ensuring that employees would not be worse off financially under the new agreement compared to their existing conditions. The fairness of the agreement and its adherence to the principles of good faith bargaining were also central to the decision-making process.

After careful consideration of the submissions and evidence presented, the Commission determined that the DRA Operations Carmichael Enterprise Agreement 2024 met the statutory requirements and passed the better off overall test. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including adequate provisions for minimum entitlements and dispute resolution mechanisms. The process of bargaining was deemed to be conducted in good faith, with both parties engaging constructively to reach the agreement. Consequently, the Commission approved the agreement, recognising it as a lawful and fair enterprise agreement under the Act.

The Fair Work Commission approved the DRA Operations Carmichael Enterprise Agreement 2024, effective from the date of the decision. This approval formalises the terms and conditions of employment for the employees covered by the agreement, ensuring they are legally compliant and fair. The decision reflects the Commission's satisfaction that the agreement meets all necessary statutory requirements and provides a balanced framework for the employment relationship.

Application by Megan Therese Sinnott on behalf of DRA Operations APAC Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established