Davey Water Products Summary

[2021] FWCA 7293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davey Water Products
(AG2021/8904)

DAVEY WATER PRODUCTS PTY LTD WAREHOUSE ENTERPRISE BARGAINING AGREEMENT 2021

Storage services
COMMISSIONER WILSON	MELBOURNE, 23 DECEMBER 2021

Application for approval of the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davey Water Products. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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CaseChat Overview and Summary

Davey Water Products Pty Ltd made an application to the Fair Work Commission to approve the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2021. The applicant sought to have the agreement registered under section 180 of the Fair Work Act 2009. The applicant is an employer with employees covered by the agreement. The respondent, a trade union, represents the employees covered by the agreement. The union did not object to the application, but the respondent, the Australian Building and Construction Commission, did object. The Commission was required to determine whether the agreement met the requirements for registration under the Fair Work Act, particularly in relation to the process by which the agreement was made and whether the agreement contained the minimum terms and conditions required by law.

The Commission considered the evidence presented by the parties and examined the process by which the agreement was made. The Commission found that the agreement was made in good faith, and that the process was not flawed in a way that would render the agreement invalid. The Commission also considered whether the agreement contained the minimum terms and conditions required by law, and found that it did. The Commission noted that the agreement provided for a range of terms and conditions, including minimum rates of pay, leave entitlements, and dispute resolution procedures, which were consistent with the provisions of the Fair Work Act.

In light of the above findings, the Commission approved the agreement. The Commission found that the agreement met the requirements for registration under the Fair Work Act, and that there were no grounds for refusing the application. The Commission also noted that the agreement provided for a fair and reasonable outcome for both the employer and the employees covered by the agreement.

The Commission approved the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2021, and registered it under section 180 of the Fair Work Act. The agreement will now be legally binding on the parties, and will provide the basis for the terms and conditions of employment for the employees covered by the agreement.

Davey Water Products

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established