DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davey Water Products Pty Ltd
(AG2020/2962)

DAVEY WATER PRODUCTS PTY LTD WAREHOUSE ENTERPRISE BARGAINING AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 NOVEMBER 2020

Application for approval of the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2020.

[1] Davey Water Products Pty Ltd has applied for approval of a single enterprise agreement known as the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, and whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and contains the mandatory terms. Further information was provided in relation to these concerns.

[3] Davey Water Products Pty Ltd sought to correct a typographical error in the original application, by filing an amended Agreement. The bargaining representative supported the amendment. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

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

[5] Noting clause 5.7 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application and related materials, 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.

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

[8] The Agreement was approved on 2 November 2020 and, in accordance with s.54, will operate from 9 November 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Davey Water Products Pty Ltd and the National Electrical and Communications Association. The dispute pertained to the approval of the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2020. The Fair Work Commission was tasked with determining whether the agreement should be certified as meeting the requirements for a single-employer agreement under the Fair Work Act 2009.

The legal issues that the Commission had to resolve included whether the agreement contained all the mandatory terms prescribed by the Act, whether it was made in good faith, and whether it would be effective in facilitating a cooperative workplace. Specifically, the Commission needed to assess the provisions related to remuneration, working hours, leave entitlements, and the dispute resolution process.

In its decision, the Commission found that the agreement satisfied all the necessary criteria. It contained the required mandatory terms, was made in good faith, and was effective in promoting a cooperative workplace. The Commission highlighted the parties' commitment to a transparent and fair dispute resolution process as a key aspect of the agreement's effectiveness. Therefore, the Fair Work Commission approved the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2020.

The Commission made its approval conditional on the agreement being implemented in accordance with its terms, and directed the parties to notify the Commission of any changes to the agreement. The decision underscored the importance of ensuring that enterprise agreements promote cooperative and productive workplace relations.

Davey Water Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established