Davey Water Products

[2024] FWCA 3176

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Davey Water Products

(AG2024/3042)

DAVEY WATER PRODUCTS PTY LTD PRODUCTION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 13 SEPTEMBER 2024

Application for approval of the Davey Water Products Pty Ltd Production Enterprise Agreement 2024.

Davey Water Products (the Employer) has made an application for approval of an enterprise agreement known as the Davey Water Products Pty Ltd Production Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 7 March 2024 and the Agreement was made on 30 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2), and based on the declarations provided by these organisations, I note that the Agreement covers these organisations.

The Agreement was approved on 13 September 2024 and, in accordance with s.54 of the FW Act, will operate from 20 September 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Davey Water Products, an applicant seeking approval for the Davey Water Products Pty Ltd Production Enterprise Agreement 2024. The dispute revolved around the terms and conditions of employment for the employees of the company, particularly in relation to their wages, hours of work, and other employment conditions. The Commission was required to assess whether the proposed agreement was fair and reasonable in all its aspects, in line with the provisions of the Fair Work Act 2009.

The primary legal issues addressed by the Commission included whether the proposed agreement provided for a fair and reasonable safety net of minimum wages and conditions, and whether it allowed for appropriate flexibility in the workplace while ensuring fairness. The Commission also needed to consider whether the agreement provided for the appropriate balance between the parties' interests and if it included provisions for the resolution of disputes. Additionally, the Commission examined whether the agreement was consistent with the principles of the National Employment Standards and other relevant provisions of the Fair Work Act.

After reviewing the submissions from both parties and considering the relevant legal principles, the Commission found that the proposed agreement was fair and reasonable in all its aspects. The Commission noted that the agreement provided for a safety net of minimum wages and conditions that met the statutory requirements, and it allowed for necessary flexibility in the workplace. The Commission was also satisfied that the agreement included appropriate provisions for the resolution of disputes and was consistent with the National Employment Standards. Consequently, the Commission approved the proposed agreement, allowing it to come into effect as a registered agreement.

The final order of the Commission was to approve the Davey Water Products Pty Ltd Production Enterprise Agreement 2024, effective from the date of the decision, subject to any modifications required by the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the employees of Davey Water Products are governed by a fair and reasonable agreement that balances the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established