Dart Holdings Pty Ltd ATF A Dart & Co

[2014] FWCA 2462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dart Holdings Pty Ltd ATF A Dart & Co
(AG2014/529)

DART HOLDINGS PTY LTD BP BULWER ISLAND REFINERY WORKS ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 APRIL 2014

Application for approval of the Dart Holdings Pty Ltd BP Bulwer Island Refinery Works Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Dart Holdings Pty Ltd BP Bulwer Island Refinery Works Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Dart Holdings Pty ATF A Dart & Co. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 10 March 2014.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 April 2014. The nominal expiry date of the Agreement is 30 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dart Holdings Pty Ltd, acting as trustee for A Dart & Co, applied for the approval of the Dart Holdings Pty Ltd BP Bulwer Island Refinery Works Enterprise Agreement 2013-2016. The application was contested by the Australian Manufacturing Workers’ Union (AMWU), representing some of the employees covered by the agreement. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided adequate protections for the employees.

The central legal issues before the court were whether the enterprise agreement contained the necessary minimum terms and conditions, whether it was free from prohibited content, and whether it was made in good faith. The AMWU argued that the agreement did not meet the statutory minimum terms, did not provide adequate protections for employees, and was not made in good faith. Dart Holdings contended that the agreement was comprehensive and met all the statutory requirements.

The Fair Work Commission held that the agreement was in compliance with the Fair Work Act 2009. The Commission found that the agreement contained all the necessary minimum terms and conditions, did not include any prohibited content, and was made in good faith. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees and was not detrimental to them. The Commission approved the enterprise agreement, rejecting the AMWU's objections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established