DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daromin Engineering Pty Ltd
(AG2015/6319)

DARACON GROUP FLEET SERVICE AND REPAIR ENTERPRISE AGREEMENT 2015 - 2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 DECEMBER 2015

Application for approval of the DARACON Group Fleet Service and Repair Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the DARACON Group Fleet Service and Repair Enterprise Agreement 2015 - 2019 (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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 14 December 2015 and, in accordance with s.54, will operate from 21 December 2015. The nominal expiry date of the Agreement is 14 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Daromin Engineering Pty Ltd, which applied for the approval of the DARACON Group Fleet Service and Repair Enterprise Agreement 2015-2019. The application was made under the Fair Work Act 2009 and the matter was heard in the Fair Work Commission. The primary dispute centred on whether the agreement met the statutory requirements for being registered and enforced as a registered agreement.

The central legal issues for the court to resolve were whether the agreement was genuinely a product of bargaining between the parties and whether it contained the necessary minimum terms and conditions required by the Fair Work Act. The court examined the process by which the agreement was negotiated and whether the parties had genuinely attempted to reach an agreement. Additionally, it was necessary to determine if the agreement contained the minimum terms as stipulated by the Act, including those related to pay rates, classification, and other employment conditions.

The Fair Work Commission found that the agreement was a genuine product of bargaining, as evidenced by the negotiation process and the presence of a genuine attempt to resolve differences between the parties. The court also determined that the agreement contained all the minimum terms required by the Fair Work Act. It was concluded that the agreement met the statutory criteria for approval, as it was not contrary to public interest and was consistent with the principles of the Act.

As a result, the Fair Work Commission approved the DARACON Group Fleet Service and Repair Enterprise Agreement 2015-2019, allowing it to be registered and enforced as a registered agreement. The decision confirmed the validity of the agreement, enabling it to provide a stable and legally binding framework for the employment conditions of the parties involved.

Daromin Engineering 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