Dana Australia Pty Ltd

[2022] FWCA 1329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dana Australia Pty Ltd

(AG2022/978)

Dana Australia Pty Ltd Keysborough Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 14 APRIL 2022

Application for the approval of Dana Australia Pty Ltd Keysborough Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Dana Australia Pty Ltd Keysborough Enterprise Agreement 2022 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Dana Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in a substantial change to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, 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 organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 21 April 2022. The nominal expiry date of the Agreement is 14 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Dana Australia Pty Ltd applied for the approval of the Keysborough Enterprise Agreement 2022. The applicant, a company operating in the automotive industry, sought the approval of a new enterprise agreement which would cover its employees at the Keysborough site. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, including whether it contained all the mandated terms and conditions, and if it had been made in accordance with the relevant provisions of the Act. Furthermore, the Commission had to consider if the agreement was in the best interests of the employees and if it had been made without any coercion, undue influence, or other unfair practices.

The Commission found that the agreement met all the necessary statutory requirements and contained all the mandated terms and conditions. The applicant had demonstrated that the agreement had been made in good faith and without any coercion or undue influence. The Commission also considered the views of the employees, finding that the agreement was in their best interests. The Commission was satisfied that the agreement would provide for fair and equitable outcomes for the employees and would promote harmonious, productive, and cooperative workplace relations.

Consequently, the Fair Work Commission approved the Keysborough Enterprise Agreement 2022. The agreement is now legally binding on both the applicant and its employees covered by the agreement. This decision ensures that the employees of Dana Australia Pty Ltd at the Keysborough site will be governed by the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established