DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Daromin Engineering Pty Ltd T/A Daracon Group
(AG2018/1207)

DARACON GROUP STEMMING AND OTHER SUPPLIES ENTERPRISE AGREEMENT 2017

Road transport industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the DARACON Group Stemming and Other Supplies Enterprise Agreement 2017 (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 T/A Daracon Group. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Construction, Forestry, Maritime, Mining and Energy Union 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 1 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Daromin Engineering Pty Ltd, trading as the Daracon Group, and the Fair Work Commission. The matter was brought before the Commission to seek approval for the DARACON Group Stemming and Other Supplies Enterprise Agreement 2017. The dispute centred on whether the agreement met the necessary criteria for approval, including compliance with the Fair Work Act 2009. The Fair Work Commission was required to assess the agreement's provisions against the statutory requirements, ensuring it covered essential terms, provided for genuine enterprise bargaining, and did not unfairly discriminate against employees.

The central legal issue was whether the agreement fulfilled all the prerequisites for approval under the Fair Work Act 2009. This included examining if the agreement had been genuinely negotiated and if it contained the minimum terms and conditions as mandated by the Act. Additionally, the Commission needed to determine if the agreement adhered to the requirements for simplification and transparency, ensuring that it was understandable and accessible to all employees.

The Fair Work Commission determined that the agreement satisfied the statutory criteria for approval. The Commission found that the agreement had been genuinely negotiated between the employer and the employees' representatives. The provisions of the agreement were comprehensive, covering all the necessary minimum terms and conditions required by the Fair Work Act 2009. The agreement was also deemed to be clear and transparent, meeting the statutory requirements for simplification. Consequently, the Commission approved the DARACON Group Stemming and Other Supplies Enterprise Agreement 2017, finding it to be fair and reasonable.

The Fair Work Commission approved the DARACON Group Stemming and Other Supplies Enterprise Agreement 2017, effective from 1st July 2017, for a period of four years. The Commission found that the agreement was fair and reasonable and met all the criteria for approval under the Fair Work Act 2009. The decision confirmed the validity of the agreement and ensured that it would govern the employment terms and conditions of the employees covered by the agreement for the specified period.

Daromin Engineering Pty Ltd 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