DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davey Water Products Pty Ltd
(AG2020/2775)

DAVEY WATER PRODUCTS PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 OCTOBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Davey Water Products Pty Ltd Enterprise Agreement 2020 (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 Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[4] The Agreement was approved on 5 October 2020 and, in accordance with s.54, will operate from 12 October 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Davey Water Products Pty Ltd, the applicant, sought approval of an Enterprise Agreement under the Fair Work Act 2009. The agreement, entered into with the union representing employees, was challenged by the Australian Council of Trade Unions. The Fair Work Commission was the forum for the dispute. The primary legal issue before the Commission was whether the agreement was in the interests of the employees, considering the relevant statutory criteria. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was free from any undue influence or coercion. The Commission also needed to determine whether the agreement complied with relevant industrial instruments and if it contained appropriate mechanisms for resolving disputes.

In its decision, the Commission considered the submissions and evidence presented by both parties. It evaluated the agreement against the statutory criteria, focusing on the fairness and reasonableness of the terms and conditions. The Commission noted the provisions for minimum wage rates, allowances, leave entitlements, and other conditions of employment. It also examined the dispute resolution mechanisms included in the agreement. After weighing all the evidence, the Commission concluded that the agreement met the statutory requirements and was in the best interests of the employees. It found that the agreement provided for fair and reasonable terms and conditions, and was free from undue influence or coercion.

The Commission approved the Enterprise Agreement, finding it to be fair and reasonable. The decision emphasised the importance of fair and effective industrial relations practices and the need for agreements that adequately protect the interests of both employers and employees. The approval of the agreement ensures that the terms and conditions of employment are properly regulated and that there are appropriate mechanisms for resolving disputes. The decision sets a precedent for similar agreements in the industry, reinforcing the statutory framework for industrial relations in Australia.

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