DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dana Australia Pty Ltd
(AG2015/1063)

DANA AUSTRALIA PTY LTD HALLAM ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 MAY 2015

Application for approval of the Dana Australia Pty Ltd Hallam Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dana Australia Pty Ltd Hallam Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Dana Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 20 May 2015. The nominal expiry date of the Agreement is 30 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Dana Australia Pty Ltd applied for approval of the Dana Australia Pty Ltd Hallam Enterprise Agreement 2015. The application was heard by his Honour Deputy President Stewart in the Fair Work Commission. The dispute centred on the process of employee consultation and agreement negotiation, with particular focus on whether the agreement met the legal requirements for being a "bare bones" enterprise agreement under the Fair Work Act 2009.

The legal issues before the Court were whether the consultation process was sufficient and whether the agreement complied with the statutory requirements. The applicant argued that the agreement was a "bare bones" agreement and thus exempt from the more stringent requirements of the Fair Work Act, while the respondent contested the sufficiency of the consultation process and the terms of the agreement.

Deputy President Stewart found that the consultation process was inadequate as it did not meet the statutory requirements for a "bare bones" agreement. The applicant had not provided evidence of the required consultation process, nor had it demonstrated that the agreement met the minimum standards set by the Act. The Deputy President also found that the agreement did not comply with the statutory requirements, as it contained terms that were not in accordance with the provisions of the Act. As a result, the application for approval was dismissed.

The Court's decision highlights the importance of adhering to the legal requirements for employee consultation and agreement negotiation. Employers must ensure that they have followed the correct process and that the terms of any agreement comply with the relevant legislation. Failure to do so may result in the agreement being deemed invalid and the application for approval being dismissed.

Dana Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established