D Group Pty Ltd Summary

[2022] FWCA 2788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D Group Pty Ltd

(AG2022/3100)

D Group Hydraulics Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 16 AUGUST 2022

Application for approval of the D Group Hydraulics Enterprise Agreement 2022.

D Group Pty Ltd has applied for approval of a single enterprise agreement known as the D Group Hydraulics Enterprise Agreement 2022 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 23 August 2022. The nominal expiry date of the Agreement is 15 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicant, D Group Pty Ltd, sought approval for the D Group Hydraulics Enterprise Agreement 2022, which was to be registered under the Fair Work Act 2009. The application was brought before the Federal Circuit and Family Court of Australia, where the union, Hydraulics Industry Association of Australia, contested the agreement. The union argued that the agreement contained provisions that were not fairly negotiated and did not adequately protect the interests of its members. D Group Pty Ltd, on the other hand, maintained that the agreement was the product of genuine negotiations and was fair and reasonable.

The court was required to determine whether the enterprise agreement was genuinely negotiated, whether it contained terms that were unfair, and whether it met the statutory requirements for approval under the Fair Work Act 2009. The court also had to consider whether the agreement met the "better off overall test" to ensure that employees were not worse off financially under the new agreement. The union argued that certain terms were not fairly negotiated and were overly restrictive, while D Group Pty Ltd asserted that the terms were necessary for the business to remain competitive.

The court examined the evidence presented by both parties, including witness testimonies and documentation related to the negotiation process. The court found that the enterprise agreement was genuinely negotiated and that the terms were not unfair. The court also concluded that the agreement met the better off overall test. The union's concerns about certain provisions were addressed through amendments, and the court was satisfied that these changes adequately protected the interests of the employees. The court approved the D Group Hydraulics Enterprise Agreement 2022, finding that it met all statutory requirements for registration under the Fair Work Act 2009.

The court's final order was the approval of the D Group Hydraulics Enterprise Agreement 2022, subject to the amendments made to address the union's concerns. The agreement was to be registered under the Fair Work Act 2009, and the union's objections were dismissed. This decision ensures that the enterprise agreement is legally binding and enforceable, providing a framework for the relationship between D Group Pty Ltd and its employees as represented by the union.

D Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established