Daikin Australia Pty Ltd Summary

[2014] FWCA 2470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daikin Australia Pty Ltd
(AG2014/669)

DAIKIN AUSTRALIA PTY LTD PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2014-2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 APRIL 2014

Application for approval of the Daikin Australia Pty Ltd Production Employees Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the Daikin Australia Pty Ltd Production Employees Enterprise Agreement 2014-2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Daikin Australia 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 April 2014. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Daikin Australia Pty Ltd, the respondent, applied to the Fair Work Commission for approval of the Daikin Australia Pty Ltd Production Employees Enterprise Agreement 2014-2015. Daikin is a manufacturer of air conditioning equipment and the applicant was seeking to have the agreement approved as a 'low paid' agreement under the Fair Work Act 2009. The dispute centred on whether the agreement satisfied the criteria for approval as a low paid agreement, particularly in relation to the prescribed pay rates and other conditions of employment.

The key legal issue before the Commission was whether the agreement met the threshold of being a low paid agreement under the Fair Work Act. The determination of this issue required an analysis of the prescribed pay rates and other terms and conditions of the agreement to ensure they aligned with the requirements of a low paid agreement. Specifically, the Commission had to consider whether the agreement contained the correct prescribed minimum pay rates and whether it met the criteria for low paid agreements, such as ensuring that employees received adequate remuneration and other conditions of employment were fair and reasonable.

The Commission found that the agreement did meet the criteria for approval as a low paid agreement. It determined that the prescribed minimum pay rates and other conditions were consistent with the requirements of a low paid agreement. The Commission noted that the agreement provided for appropriate remuneration and other conditions that were fair and reasonable for the employees involved. Consequently, the Commission approved the agreement as a low paid agreement.

The Fair Work Commission approved the Daikin Australia Pty Ltd Production Employees Enterprise Agreement 2014-2015 as a low paid agreement under the Fair Work Act. This decision confirmed that the agreement met the necessary criteria in terms of prescribed pay rates and other conditions of employment, thereby ensuring that the employees received fair and reasonable remuneration.

Daikin Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established