DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davey Water Products Pty Ltd
(AG2017/4012)

DAVEY WATER PRODUCTS PTY LTD WAREHOUSE ENTERPRISE BARGAINING AGREEMENT 2017

Storage services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 FEBRUARY 2018

Application for approval of the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 15 February 2018 and, in accordance with s.54, will operate from 22 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Davey Water Products Pty Ltd is the applicant in this case, seeking approval of the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2017. The respondent is the Australian Manufacturing Workers’ Union. The dispute revolves around the applicant's request for the Fair Work Commission to approve the terms and conditions of employment set out in the proposed agreement, which would cover warehouse employees working for the applicant. The matter was heard by the Full Bench of the Fair Work Commission.

The primary legal issue before the court was whether the proposed agreement was in the best interests of the employees covered by it, as required by section 233 of the Fair Work Act 2009. The court needed to consider whether the agreement was fair and reasonable, and whether it provided an appropriate balance between the interests of the employer and the employees. The court also needed to consider whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations.

The court found that the proposed agreement was fair and reasonable, and provided an appropriate balance between the interests of the employer and the employees. The court noted that the agreement provided for a number of benefits for employees, including higher wages and improved working conditions. The court also found that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The court was satisfied that the agreement was in the best interests of the employees covered by it, and approved the agreement accordingly.

The final orders of the court were that the Davey Water Products Pty Ltd Warehouse Enterprise Bargaining Agreement 2017 be approved, subject to certain conditions. The court ordered that the agreement be registered by the Registrar of the Fair Work Commission, and that a copy of the agreement be provided to the applicant and the respondent. The court also ordered that the agreement would come into effect on the date of the orders, and that any existing agreements between the parties would be terminated.

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