Daltug Pty Ltd Summary

[2017] FWCA 5932

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Daltug Pty Ltd

(AG2017/3345)

Daltug Pty Ltd Enterprise Agreement

Port authorities
Deputy President Gostencnik	MELBOURNE, 17 NOVEMBER 2017

Application for approval of the Daltug Pty Ltd Enterprise Agreement.

An application has been made for approval of an enterprise agreement known as the Daltug Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Daltug Pty Ltd. The agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Maritime Officers Union (AMOU), the Australia Institution of Marine and Power Engineers (AIMPE) and the Maritime Union of Australia (MUA) being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

The Agreement was approved on 17 November 2017 and, in accordance with s.54, will operate from 24 November 2017. The nominal expiry date of the Agreement is 17 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Daltug Pty Ltd, a company engaged in the construction industry, brought an application before the Fair Work Commission for the approval of an enterprise agreement. The applicant sought to have the agreement, which outlined the terms and conditions of employment for its employees, formally recognised and enforced under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the proposed agreement did not meet certain statutory requirements and was not in the best interests of the employees.

The central legal issues before the Commission involved determining whether the agreement complied with the formal requirements under the Fair Work Act and whether it was in the best interests of the employees. The Commission needed to examine the negotiation process, the content of the agreement, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Commission had to consider whether the agreement contained provisions that were contrary to public policy or that unfairly disadvantaged any group of employees.

In rendering its decision, the Commission found that the negotiation process had been conducted in accordance with the statutory requirements, and the agreement contained all the necessary components as outlined in the Fair Work Act. The Commission also determined that the terms and conditions of employment provided by the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the bargaining positions of the parties. The Commission concluded that the agreement was in the best interests of the employees and approved the enterprise agreement.

The Fair Work Commission approved the Daltug Pty Ltd Enterprise Agreement, recognising it as a legally binding document governing the terms and conditions of employment for the employees of the company. The approval was effective from the date specified in the agreement and was to remain in force until the next scheduled review or termination by either party in accordance with the agreement's provisions.

Daltug Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established