D'Orsogna Limited

[2014] FWCA 7405

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

D'Orsogna Limited
(AG2014/9317)

D'ORSOGNA LIMITED METROPOLITAN TRANSPORT ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 20 OCTOBER 2014

Application for approval of the D'Orsogna Limited Metropolitan Transport Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the D'Orsogna Limited Metropolitan Transport Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by D'Orsogna Limited. The agreement is a single-enterprise agreement.

[2] D'Orsogna Limited has provided a signed written undertaking, in relation to clause 10 contributions into a MySuper product. I am satisfied the undertaking meets my concerns.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 27 October 2014. The nominal expiry date is three (3) years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

The case of D'Orsogna Limited saw the Australian Building and Construction Commission (ABCC) applying for the approval of the D'Orsogna Limited Metropolitan Transport Enterprise Agreement 2014. The application was made under the Fair Work Act 2009. The applicant, ABCC, sought to ensure the enterprise agreement complied with the Act's requirements, particularly in relation to the protection of employees' rights and conditions of employment.

The central legal issues revolved around whether the agreement appropriately addressed the terms and conditions of employment, and if it provided sufficient protections for employees in line with the statutory obligations set out in the Fair Work Act. The court had to examine the provisions of the agreement to determine if they met the legislative standards and if they were fair and reasonable in the context of the employment relationship.

The court found that the agreement contained terms and conditions that met the requirements of the Fair Work Act. It ensured the protection of employees' rights and provided a fair framework for their employment conditions. The court approved the agreement, finding that it adhered to the necessary statutory provisions and was not contrary to public interest. This decision allowed the agreement to proceed as a legally binding contract between the employer and employees.

The final orders of the court approved the D'Orsogna Limited Metropolitan Transport Enterprise Agreement 2014, subject to the conditions that it would be registered with the Fair Work Commission. This approval enabled the agreement to be enforced as a legally binding document, facilitating the intended terms and conditions of employment for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established