D A Christie Pty Ltd

[2013] FWCA 5070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D A Christie Pty Ltd
(AG2013/7254)

D A CHRISTIE PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 25 JULY 2013

Application for approval of the D A Christie Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the
D A Christie Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by D A Christie Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 1 August 2013. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved D A Christie Pty Ltd, an employer, and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of the D A Christie Pty Ltd Enterprise Agreement 2013, which was being sought by the employer. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the provision of a direct communication process between employees and their employer. The Commission had to consider whether the agreement provided an adequate mechanism for employees to communicate directly with their employer, as mandated by the Act. Additionally, the Commission examined whether the agreement included all the terms and conditions of employment as required, and if it was made in good faith and without coercion.

The Fair Work Commission found that the agreement did not adequately provide a direct communication process between employees and the employer. It concluded that the agreement failed to meet the legal requirements for approval as it did not include an effective mechanism for direct communication. The Commission also noted that the agreement did not include all the terms and conditions of employment as required, and there were concerns about the process through which the agreement was made. As a result, the Commission did not grant approval for the agreement.

In its decision, the Fair Work Commission outlined its reasons for not approving the enterprise agreement. It emphasised the importance of ensuring that employees have a direct and effective means of communication with their employer. The Commission highlighted that without such a mechanism, the agreement could not be considered to comply with the Fair Work Act. The decision underscored the need for enterprise agreements to be made in good faith and without coercion, and to include all necessary terms and conditions of employment. The Fair Work Commission did not approve the D A Christie Pty Ltd Enterprise Agreement 2013, and the application was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established