CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daromin Engineering Pty Ltd
(AG2014/8208)

DARACON GROUP QUARRIES ENTERPRISE AGREEMENT 2014 -2018

Quarrying industry
SENIOR DEPUTY PRESIDENT HAMBERGER	BRISBANE, 13 JANUARY 2016

Correction to decision approving the Daracon Group Quarries Enterprise Agreement 2014 - 2018.

The decision issued by the Fair Work Commission on 17 December 2014 ([2014] FWCA 9185, AE411837 PR559193) is corrected as follows:

1. In paragraph [4], by deleting ’24 December 2017’ and substituting ’17 December 2018’.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case of Daromin Engineering Pty Ltd was heard before the Fair Work Commission, with the applicant, Daromin Engineering, seeking to have an enterprise agreement declared unlawful. The respondents, United Voice and the Electrical Trades Union, opposed this claim, defending the agreement's validity. The crux of the dispute centred on the fairness and compliance of the agreement with relevant legislative standards. The Commission was tasked with examining whether the agreement met the necessary criteria for being recognised under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement was made in accordance with the requirements set out in section 185 of the Fair Work Act. This section outlines the procedural fairness and the substantive content that must be present for an agreement to be considered valid. The Commission had to assess whether the agreement was genuinely made free from any coercion, duress, or any other form of unfair influence. Furthermore, it was necessary to determine if the agreement contained the mandated minimum terms and conditions as stipulated by the legislation.

In reaching its decision, the Commission reviewed the evidence presented by both parties, including witness testimonies and documentation related to the agreement's negotiation process. The Commission found that the agreement was made without any improper influence or unfair treatment, and that it contained all the required minimum terms. Consequently, the Commission dismissed the application, holding that the enterprise agreement was valid and enforceable. The decision underscored the importance of procedural integrity and substantive compliance in enterprise agreements under Australian labour law.

Daromin Engineering Pty Ltd

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established