Daromin Engineering Pty Limited T/A Daracon Group

Case [2023] FWCA 508
[2023] FWCA 508

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Daromin Engineering Pty Limited T/A Daracon Group

(AG2023/223)

Daracon Group Fleet Service and Repair Enterprise Agreement 2022

Building, metal and civil construction industries

COMMISSIONER YILMAZ

MELBOURNE, 17 FEBRUARY 2023

Application for approval of the Daracon Group Fleet Service and Repair Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Daracon Group Fleet Service and Repair Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Daromin Engineering Pty Limited T/A Daracon Group. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Agreement is approved and in accordance with s.54, will operate from 24 February 2023. The nominal expiry date of the Agreement is 1 November 2025.

COMMISSIONER

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Details
AGLC
Daromin Engineering Pty Limited T/A Daracon Group [2023] FWCA 508
Case
[2023] FWCA 508
Decision Date

CaseChat Overview and Summary

Daromin Engineering Pty Limited, trading as Daracon Group, applied to the Fair Work Commission for the approval of the Daracon Group Fleet Service and Repair Enterprise Agreement 2022. The application involved the agreement's compliance with the relevant federal industrial relations laws, specifically focusing on its provisions concerning terms and conditions of employment, dispute resolution, and employee representation.

The legal issues at the core of the application centred on whether the agreement met the criteria set out in the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, covered the requisite employee groups, and included essential terms that complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. Additionally, the court examined whether the agreement contained appropriate mechanisms for resolving disputes and ensuring fair representation of the employees' interests.

The Fair Work Commission found that the agreement was made in good faith and adequately covered the relevant employee groups. The Commission also determined that the agreement included all the essential terms required by law and provided for fair and effective dispute resolution processes. After thorough consideration, the Commission approved the Daracon Group Fleet Service and Repair Enterprise Agreement 2022, affirming its compliance with the applicable industrial relations statutes.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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