DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D’Orsogna Limited
(AG2017/5061)

D’ORSOGNA LIMITED METROPOLITAN TRANSPORT ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MARCH 2018

Application for approval of the D’Orsogna Limited Metropolitan Transport Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the D’Orsogna Limited Metropolitan Transport Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D’Orsogna Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2018. The nominal expiry date of the Agreement is 9 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, D’Orsogna Limited, applied to the Fair Work Commission for approval of the D’Orsogna Limited Metropolitan Transport Enterprise Agreement 2017. The dispute involved the terms of the enterprise agreement, specifically regarding the application of certain provisions to employees, and whether the agreement met the statutory requirements for approval. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the application for approval of the enterprise agreement complied with the relevant statutory provisions. This involved assessing if the agreement was made in good faith, whether it contained the prescribed minimum terms and conditions, and if the process for making the agreement was followed correctly. Additionally, the Commission needed to determine if the agreement met the requirements for being a single-enterprise agreement and if it was appropriate for the employees covered by the agreement.

The Commission found that the application for approval of the enterprise agreement was valid and met the statutory requirements. It determined that the agreement was made in good faith and contained the prescribed minimum terms and conditions. The Commission also found that the process for making the agreement was followed correctly and that the agreement was appropriate for the employees covered by it. Based on these findings, the Commission approved the enterprise agreement, deeming it to be a single-enterprise agreement as required by the relevant legislation.

The final order of the Fair Work Commission was that the D’Orsogna Limited Metropolitan Transport Enterprise Agreement 2017 be approved as a single-enterprise agreement, effective from the date of the decision. This decision confirmed the validity of the agreement and provided clarity for the parties involved regarding the terms and conditions of employment under the agreement.

D’Orsogna Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established