Dajwood Pty Ltd

[2014] FWCA 633

FAIR WORK COMMISSION

DECISION

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

Dajwood Pty Ltd
(AG2013/10347)

DAJWOOD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 JANUARY 2014

Application for approval of the Dajwood Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 December 2013 by Dajwood Pty Ltd for the approval of a single-enterprise agreement known as the Dajwood Enterprise Agreement 2013 (“the Agreement”).

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Dajwood Pty Ltd, the Fair Work Commission (FWC) was called upon to assess the validity of the Dajwood Enterprise Agreement 2013. This agreement was a subject of contention between the employer, Dajwood Pty Ltd, and the employees represented by a union. The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009 for it to be approved and registered. The crux of the matter was whether the agreement had been genuinely negotiated and whether it adhered to the criteria set out in the Act for enterprise agreements to be deemed valid.

The primary legal issues before the FWC were whether the agreement had been genuinely negotiated and if it contained the necessary minimum terms as stipulated by the Fair Work Act 2009. The employer argued that the agreement was a product of genuine negotiation and covered all the essential minimum terms, while the union contended that the agreement failed to meet the legislative requirements due to procedural flaws in the negotiation process and deficiencies in the terms themselves. The FWC had to determine if the process and content of the agreement met the statutory standards for approval.

The FWC found that the negotiation process had indeed been genuine, as evidenced by the employer's proactive engagement with the union and the steps taken to reach a consensus. The FWC also confirmed that the agreement contained all the necessary minimum terms required by the Fair Work Act 2009. Consequently, the FWC approved the Dajwood Enterprise Agreement 2013 and ordered its registration. This decision ensured that the agreement would now legally bind both parties, providing a framework for employment terms and conditions moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established