DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daromin Engineering Pty Limited T/A Daracon Group
(AG2018/5736)

DARACON GROUP TRANSPORT ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 5 APRIL 2019

Application for approval of the Daracon Group Transport Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Daracon Group Transport Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Daromin Engineering Pty Limited T/A Daracon Group. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] Subject to the undertakings 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia (TWU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 23 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Daromin Engineering Pty Limited trading as Daracon Group, the Fair Work Commission was asked to approve a Transport Enterprise Agreement. This was a dispute between the employer, represented by their legal counsel, and a union representing the employees. The union argued that certain provisions within the proposed agreement were not fair or just, and thus, should not be approved.

The legal issues before the Commission involved assessing whether the proposed terms and conditions of the agreement were fair and just, and if they met the criteria set out in the Fair Work Act 2009. The Commission had to consider the nature of the transport industry, the employer's business model, and the bargaining positions of both parties. It also needed to weigh the impact of the proposed agreement on employees, particularly focusing on any potential detriment that might arise from the agreement.

The Fair Work Commission found that, while the proposed agreement contained some provisions that could be seen as potentially detrimental to employees, these were balanced by other provisions that provided significant benefits. The Commission noted that the employer had demonstrated a genuine effort to negotiate in good faith and to provide fair and reasonable terms. Ultimately, the Commission concluded that the agreement was just and fair, and thus, approved it. The Commission's decision was based on a detailed analysis of the industry context, the specific terms of the agreement, and the overall fairness of the proposed conditions.

Daromin Engineering Pty Limited T/A Daracon Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established