Daikin Australia Pty Ltd T/A Daikin Australia Pty Ltd

[2022] FWCA 620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Daikin Australia Pty Ltd T/A Daikin Australia Pty Ltd

(AG2022/38)

Daikin Australia Pty Ltd Production Employees Enterprise Agreement 2021 – 2023

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 22 FEBRUARY 2022

Application for approval of the Daikin Australia Pty Ltd Production Employees Enterprise Agreement 2021 – 2023.

Daikin Australia Pty Ltd T/A Daikin Australia Pty Ltd (the Employer) has made an application for the approval of the Daikin Australia Pty Ltd Production Employees Enterprise Agreement 2021 - 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and 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 AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2022. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Daikin Australia Pty Ltd, trading as Daikin Australia Pty Ltd, sought the approval of the Fair Work Commission (FWC) for the Daikin Australia Pty Ltd Production Employees Enterprise Agreement 2021 – 2023. The application was contested by the Australian Manufacturing Workers' Union (AMWU). The crux of the dispute lay in the terms and conditions of the proposed enterprise agreement, particularly regarding employee entitlements, wages, and the classification of employees.

The primary legal issues before the FWC were whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT). The FWC had to determine if the agreement provided employees with conditions at least as good as those provided by the applicable award or a higher-certified agreement. Additionally, the FWC examined whether the agreement included appropriate mechanisms for addressing workplace disputes and ensuring compliance.

The FWC, after thorough consideration of the submissions and evidence presented, found that the proposed enterprise agreement met the BOOT and complied with all statutory requirements. The FWC was satisfied that the agreement provided employees with better conditions than those provided by the applicable award, ensuring they were not worse off in terms of pay and conditions. Furthermore, the FWC acknowledged that the agreement contained adequate provisions for the resolution of workplace disputes and compliance mechanisms. As a result, the FWC approved the Daikin Australia Pty Ltd Production Employees Enterprise Agreement 2021 – 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established