D.M.E Engineering Services (Australia) Pty Ltd

[2014] FWCA 3057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D.M.E Engineering Services (Australia) Pty Ltd
(AG2014/750)

D.M.E ENGINEERING SERVICES (AUSTRALIA) PTY LTD - TUMUT PULP AND PAPER MILL MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 8 MAY 2014

Application for approval of the D.M.E Engineering Services (Australia) Pty Ltd - Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the
D.M.E Engineering Services (Australia) Pty Ltd - Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Unidex Consulting Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 15 May 2014. The nominal expiry date of the Agreement is 15 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, D.M.E Engineering Services (Australia) Pty Ltd, sought approval of the D.M.E Engineering Services (Australia) Pty Ltd - Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2014. The applicant was represented by Mr M. A. and the respondents, the Maintenance Employees Union and the United Voice, were represented by Ms K. The dispute centred around whether the enterprise agreement provided fair and reasonable terms for the employees, particularly in relation to the inclusion of certain provisions that the respondents argued were not appropriately negotiated.

The primary legal issues before the Commission were whether the agreement was made in accordance with the relevant legislative provisions and whether it contained fair and reasonable terms for the employees. This included scrutiny of the negotiation process, the content of the agreement, and whether it met the criteria for being a "better off overall" agreement as required by the Fair Work Act 2009. The Commission had to determine if the agreement was genuinely negotiated and if the terms were fair and reasonable, taking into account the economic circumstances of the parties.

The Commission found that the agreement was indeed made in accordance with the relevant provisions of the Fair Work Act. It determined that the negotiation process was robust and that the agreement contained fair and reasonable terms for the employees. The Commission noted that the agreement provided for a comprehensive set of conditions, including provisions for wages, hours of work, leave, and other employment conditions. It concluded that the agreement was a "better off overall" agreement, as it provided employees with improved terms and conditions compared to the previous agreement. The Commission approved the enterprise agreement, finding it to be fair and reasonable for the employees.

The final orders of the Commission were that the D.M.E Engineering Services (Australia) Pty Ltd - Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2014 be approved as a registered agreement. This decision ensures that the agreement can now be implemented and will provide a framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established