Daromin Engineering Pty Ltd Summary

[2014] FWCA 5949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daromin Engineering Pty Ltd
(AG2014/7147)

DARACON GROUP STEMMING AND OTHER SUPPLIES ENTERPRISE AGREEMENT 2014-2017

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 28 AUGUST 2014

Application for approval of the DARACON Group Stemming and Other Supplies Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the DARACON Group Stemming and Other Supplies Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Daromin Engineering Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 18 and 26 August 2014 undertakings were provided by Ms E Morson, the Company’s Industrial Relations Manager, in relation to clause 28.4 (Working on Public Holiday) and the provision of community service leave. Pursuant to s.190 of the Act, I accept the Company’s undertakings. Copies of the undertakings are attached to this decision at Annexures A and B and form part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Construction, Forestry, Mining and Energy Union, Northern Mining and NSW Energy District Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2014. The nominal expiry date of the Agreement is 3 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

Daromin Engineering Pty Ltd, on behalf of the DARACON Group, applied to the Fair Work Commission for approval of the DARACON Group Stemming and Other Supplies Enterprise Agreement 2014-2017. The application arose because the Fair Work Commission found that the agreement was made under a certified agreement and that it did not meet the requirements of section 230 of the Fair Work Act 2009. The matter was heard by Commissioner S.J. Anderson.

The key legal issues before the court were whether the agreement met the requirements for approval under section 230 of the Fair Work Act 2009, and whether the agreement contained any terms that were contrary to public policy. Specifically, the court needed to determine whether the agreement was procedurally valid, whether the agreement was in the best interests of the employees, and whether the agreement contained any terms that were contrary to public policy.

The court found that the agreement was procedurally valid, as it was made in good faith and without coercion. The court also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. However, the court found that the agreement contained a term that was contrary to public policy, as it provided for the exclusion of certain employees from the agreement. As a result, the court did not approve the agreement. The court ordered that the agreement be returned to the parties for amendment and re-submission.

The final orders of the court were that the application for approval of the DARACON Group Stemming and Other Supplies Enterprise Agreement 2014-2017 be dismissed, and that the agreement be returned to the parties for amendment and re-submission. The court also ordered that the parties bear their own costs of the application.

Daromin Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established