Daliho Pty Ltd and Rochlomo Pty Ltd Summary

[2013] FWCA 1558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daliho Pty Ltd and Rochlomo Pty Ltd
(AG2013/4673)

DALIHO P/L & ROCHLOMO P/L ENTERPRISE AGREEMENT 2013

Cleaning services
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 13 MARCH 2013

Application for approval of the Daliho P/L & Rochlomo P/L Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the Daliho P/L & Rochlomo P/L Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application until the actual date of lodgement.

[3] Undertakings have been provided by the applicants in relation to the paying out upon termination and cashing out of annual leave. The undertakings have been attached to the Agreement and will be taken to be terms of the Agreement pursuant to s.191 of the Act.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2013. The nominal expiry date of the Agreement is 1 January 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Daliho Pty Ltd and Rochlomo Pty Ltd, the Fair Work Commission (FWC) was tasked with determining the application for approval of the Daliho P/L & Rochlomo P/L Enterprise Agreement 2013. This agreement was submitted under section 231 of the Fair Work Act 2009, and the application was made by the applicant, Rochlomo Pty Ltd, as the employer. The dispute centred on whether the enterprise agreement should be approved, given the potential implications for the employees' rights and working conditions.

The legal issues that the FWC had to address included whether the agreement had been made in good faith and whether it contained terms that were fair and reasonable. The FWC also needed to consider whether the agreement complied with the relevant provisions of the Fair Work Act and whether it was consistent with the principles of the national workplace relations system. Additionally, the FWC had to examine the process by which the agreement was negotiated and the level of employee participation in that process.

After reviewing the evidence and submissions presented, the FWC concluded that the agreement should be approved. The FWC found that the agreement was made in good faith and contained terms that were fair and reasonable. The FWC noted that the agreement addressed key aspects of the employees' working conditions and provided for adequate mechanisms for dispute resolution. The FWC also concluded that the negotiation process was conducted appropriately and that there was sufficient employee participation. The FWC was satisfied that the agreement was consistent with the principles of the national workplace relations system and complied with the requirements of the Fair Work Act.

The FWC approved the Daliho P/L & Rochlomo P/L Enterprise Agreement 2013, effective from the date of the decision. This approval ensures that the agreement will be legally binding on the parties and will govern the employment conditions of the employees covered by the agreement. The decision provides clarity for the employer and the employees and sets a precedent for similar agreements in the future.

Daliho Pty Ltd and Rochlomo Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established