DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davey Water Products Pty Ltd T/A Davey Water Products Pty Ltd
(AG2017/4744)

DAVEY WATER PRODUCTS PTY LTD ENTERPRISE BARGAINING AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 NOVEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Davey Water Products Pty Ltd 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 Australian Workers’ Union, and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 27 November 2017 and, in accordance with s.54, will operate from 4 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Davey Water Products Pty Ltd, trading as Davey Water Products Pty Ltd, applied for the approval of the Davey Water Products Pty Ltd Enterprise Bargaining Agreement 2017. The application was made by the employer under section 235 of the Fair Work Act 2009. The applicant argued that the agreement met the requirements of section 230 of the Act, and should be registered and approved.

The legal issues that the Commission was required to determine included whether the agreement provided for the terms and conditions of employment of the employees covered by the agreement; whether it was in writing and had been made by the employer and an organisation representing the employees; and whether it met the requirements of section 230 of the Act. The Commission also needed to determine whether the agreement provided for a proper process for the resolution of any disputes that may arise under the agreement.

The Commission found that the agreement met all of the requirements of the Act and was in the best interests of the employees. The agreement provided for the terms and conditions of employment of the employees covered by the agreement, and was in writing and had been made by the employer and an organisation representing the employees. The agreement also provided for a proper process for the resolution of any disputes that may arise under the agreement. The Commission was satisfied that the agreement was fair and reasonable, and approved it under section 236 of the Act. The agreement is now registered and is binding on the parties from the date of registration.

Davey Water Products Pty Ltd T/A 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