DECISION

Fair Work Act 2009
s.185—Enterprise agreement

D R May Pty Ltd
(AG2014/9902)

D R MAY PTY LTD UNION COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 DECEMBER 2014

Application for approval of the D R May Pty Ltd Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the
D R May Pty Ltd Union Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by D R May Pty Ltd. The agreement is a single-enterprise agreement.

[2] The applicant advised the Commission that sub-clause 38.5.1 of the Agreement contains a typographical error and requested that it be amended. Pursuant to s.586 of the Act, I determine that the words “Single Day Absences on Sick Leave” be amended to “Single day absences on annual leave”.

[3] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

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

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 15 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The case involved D R May Pty Ltd and its union, the Australian Manufacturing Workers' Union. The dispute centred on the approval of the D R May Pty Ltd Union Collective Agreement 2014. The matter was heard by the Fair Work Commission. The central legal issues revolved around whether the collective agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009, and whether it adequately provided for the employees' rights and obligations.

The Fair Work Commission examined the collective agreement clause by clause, ensuring that each provision aligned with the statutory requirements and did not unfairly disadvantage the employees. Key considerations included the agreement's provisions on wages, working conditions, dispute resolution mechanisms, and the overall balance of power between the employer and the employees. The Commission had to determine whether the agreement was "better off overall" for the employees compared to the applicable award or safety net.

After thorough analysis, the Fair Work Commission concluded that the collective agreement met the necessary legislative standards and provided fair terms for both the employer and the employees. The Commission found that the agreement did not contain any provisions that would lead to an unfair detriment to the employees and that it was, in fact, better off overall for the employees. Consequently, the Commission approved the collective agreement, ensuring that it would be legally binding and enforceable between the parties involved. The final orders included the formal approval of the D R May Pty Ltd Union Collective Agreement 2014, effective from the date of the Commission's decision.

D R May Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established