Dana Australia Pty Ltd

[2014] FWCA 6554

The attached document replaces the document previously issued with the above code on 18 September 2014.

The word “agreement” has been removed from the title.

Associate to Deputy President Gostencnik.

Dated 24 September 2014

[2014] FWCA 6554

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dana Australia Pty Ltd
(AG2014/1923)

DANA AUSTRALIA PTY LTD CAMPBELLFIELD ENTERPRISE BARGAINING AGREEMENT 2014

Vehicle industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the Dana Australia Pty Ltd Campbellfield Enterprise Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dana Australia Pty Ltd Campbellfield Enterprise Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dana Australia Pty Ltd. The agreement is a single enterprise agreement.

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

[3] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 September 2014 and, in accordance with s.54, will operate from 25 September 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Dana Australia Pty Ltd applied for approval of the Campbellfield Enterprise Bargaining Agreement 2014. The applicant, a manufacturing company, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the applicant's employees covered by the agreement.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Act, including the provisions relating to the good faith bargaining, and whether it met the standards for registration as a certified agreement. The Commission needed to determine if the agreement had been made in good faith, if it provided for fair and reasonable terms and conditions of employment, and if it complied with the procedural requirements set out in the Act.

The Commission found that the agreement had been made in good faith and that it provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the applicant had met its burden of demonstrating that the agreement complied with the procedural requirements of the Act. The Commission approved the agreement and ordered that it be registered as a certified agreement under the Act.

The final orders included the approval and registration of the Campbellfield Enterprise Bargaining Agreement 2014 as a certified agreement, effective from the date of the decision. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties and their employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established