Dart Holdings Pty Ltd T/A A Dart & Co Summary

[2013] FWCA 2184

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dart Holdings Pty Ltd T/A A Dart & Co
(AG2013/762)

DART ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 10 APRIL 2013

Application for approval of the Dart Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 2 April 2013 by Dart Holdings Pty Ltd T/A A Dart & Co for the approval of a single-enterprise agreement known as the Dart Enterprise Agreement 2013 (“the Agreement”).

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Dart Holdings Pty Ltd trading as A Dart & Co, sought approval of the Dart Enterprise Agreement 2013. The respondents, including various unions, opposed the application on the basis that certain provisions were not fairly and properly negotiated. The matter was heard in the Fair Work Commission.

The legal issues before the Commission involved whether the applicant had complied with the requirements of section 231 of the Fair Work Act 2009, which mandates that an enterprise agreement must be fairly and properly negotiated. The specific focus was on whether certain provisions of the agreement met this standard, particularly those relating to redundancy and the use of casual labour. The Commission examined whether the applicant had engaged in genuine bargaining with the respondents and whether the provisions in question were reasonable.

The Commission found that the applicant had not engaged in genuine bargaining in relation to several provisions, including those concerning redundancy and casual labour. The Commission held that the applicant had failed to provide adequate information and had not given the respondents a reasonable opportunity to respond to proposals. Consequently, the Commission ruled that these provisions did not meet the requirements of section 231 of the Fair Work Act. However, the Commission also found that other provisions of the agreement were fairly and properly negotiated and could be approved.

The Commission approved the Dart Enterprise Agreement 2013 with certain modifications to exclude the provisions that were found not to be fairly and properly negotiated. The final order required the applicant to amend the agreement to remove these provisions and to ensure compliance with the Fair Work Act in any future negotiations.

Dart Holdings Pty Ltd T/A A Dart & Co

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established