D R May Inspections Pty Ltd Summary

[2024] FWCA 3010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D R May Inspections Pty Ltd

(AG2024/2856)

D R MAY PTY LTD UNION COLLECTIVE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 15 AUGUST 2024

Application for approval of the D R May Pty Ltd Union Collective Agreement 2023.

An application has been made for approval of an enterprise agreement known as the D R May Pty Ltd Union Collective Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by D R May Inspections Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The application was required to be filed within 14 days after it was made on 9 July 2024 in accordance with s 185(3) of the Act. As it was not filed until 29 July 2024, it was filed after the expiry of the statutory timeframe. Pursuant to s 185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

The Notice of Employee Representational Rights (NERR) issued by the Employer was prepared using a version of the NERR that applied prior to the 6 June 2023 legislative reforms. Additionally, the title of the Agreement in the NERR (DR May Pty Ltd Union Collective Agreement 2023-2026) is inconsistent with the title of the Agreement made (D R May Pty Ltd Union Collective Agreement 2023). These matters may mean that the NERR was not in its prescribed form as required by s 174(1A) of the Act. I am satisfied that these are a minor or technical errors and employees covered by the Agreement were not likely to have been disadvantaged by it. I consider that the Agreement has been genuinely agreed to within the meaning of s 188(5)(a) of the Act.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 22 August 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The parties in this case were D R May Inspections Pty Ltd and the relevant union. The dispute arose from the application for approval of the D R May Pty Ltd Union Collective Agreement 2023. The case was heard in the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and industrial disputes in Australia.

The central legal issues before the Commission were whether the proposed collective agreement complied with the relevant statutory requirements and whether it was fair and reasonable for the employees. The Commission needed to ensure that the agreement met the standards set by the Fair Work Act 2009 and did not unjustifiably disadvantage any party.

The Fair Work Commission thoroughly examined the proposed agreement, considering the terms and conditions, the bargaining process, and the implications for the employees. The Commission assessed whether the agreement provided adequate protections and benefits for the employees while also considering the employer's business needs. Ultimately, the Commission determined that the agreement met the necessary criteria and was fair and reasonable for all parties involved. Therefore, the Commission approved the D R May Pty Ltd Union Collective Agreement 2023.

In its decision, the Commission outlined that the agreement was approved subject to certain conditions, ensuring ongoing compliance with the Fair Work Act. The Commission's approval marked a resolution to the dispute, allowing the parties to move forward with the agreed terms.

D R May Inspections Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established