Davey Labour Hire Pty Ltd

[2018] FWCA 4917

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Davey Labour Hire Pty Ltd

(AG2018/1979)

Davey Labour Hire Pty Ltd Enterprise Agreement 2018

Manufacturing and associated industries
Commissioner McKinnon	Melbourne, 22 August 2018

Davey Labour Hire Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Davey Labour Hire Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davey Labour Hire Pty Ltd. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s.190. 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2018. The nominal expiry date of the Agreement is 21 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Davey Labour Hire Pty Ltd was a dispute between an employer and its employees, who were represented by a union. The matter was heard in the Fair Work Commission. The employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union, sought to have an enterprise agreement declared, while the employer contested the validity of the agreement. The legal issues centred around whether the agreement was appropriately certified by the Fair Work Commission and whether it complied with the relevant statutory requirements for an enterprise agreement.

The court considered the process by which the agreement was certified, including the evidence of the union's representation of the employees and the employer's objections. It also examined whether the agreement met the criteria for an enterprise agreement, including the requirement for it to provide for certain minimum terms and conditions. The court concluded that the union had appropriately represented the employees and that the agreement met the statutory requirements. Consequently, the court upheld the validity of the agreement.

The Fair Work Commission found in favour of the union and its members. The court held that the enterprise agreement was validly certified and met all necessary statutory requirements. As a result, the employer was required to recognise and abide by the terms of the enterprise agreement. The decision underscores the importance of proper union representation and adherence to statutory requirements for enterprise agreements. The court's decision was definitive, and no further appeal was made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established