Davey Labour Hire Pty Ltd Summary

[2013] FWCA 8698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davey Labour Hire Pty Ltd
(AG2013/10623)

DAVEY LABOUR HIRE PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 NOVEMBER 2013

Application for approval of the Davey Labour Hire Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Davey Labour Hire Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 12 November 2013. The nominal expiry date of the Agreement isfour years.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Davey Labour Hire Pty Ltd applied to the Fair Work Commission for approval of the Davey Labour Hire Pty Ltd Enterprise Agreement 2013. The application was opposed by the Construction, Forestry, Mining and Energy Union, which argued that the agreement did not meet the legal requirements for approval. The Fair Work Commission was required to determine whether the agreement was in the interests of employees and whether it complied with the Fair Work Act 2009.

The Commission first considered whether the agreement was an enterprise agreement as defined in the Fair Work Act. The Commission found that the agreement met the definition as it was an enterprise agreement that covered employees of Davey Labour Hire Pty Ltd. The Commission then considered whether the agreement was in the interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, including provisions for pay rates, hours of work, and leave entitlements. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of workplace disputes. The Commission concluded that the agreement was in the interests of the employees.

Finally, the Commission considered whether the agreement complied with the requirements of the Fair Work Act. The Commission found that the agreement complied with the legal requirements for approval, including the requirement for genuine bargaining and the requirement for the agreement to be in writing. The Commission approved the agreement and made an order accordingly.

The final orders of the Commission were that the Davey Labour Hire Pty Ltd Enterprise Agreement 2013 be approved and registered. The orders also provided for the agreement to be in effect from the date of the Commission's decision. The orders further provided that the agreement would remain in effect until it was terminated or varied in accordance with the Fair Work Act.

Davey Labour Hire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established