Davey Water Products T/A Davey Water Products Pty Ltd Summary

[2024] FWCA 3896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Davey Water Products T/A Davey Water Products Pty Ltd

(AG2024/3870)

DAVEY WATER PRODUCTS PTY LTD WAREHOUSE ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER TRAN	MELBOURNE, 7 NOVEMBER 2024

Application for approval of the Davey Water Products Warehouse Enterprise Agreement 2024

Davey Water Products Pty Ltd has applied for approval of an enterprise agreement known as Davey Water Products Pty Ltd Warehouse Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I observe that Clause 35 – Compassionate Leave is likely to be inconsistent with the National Employment Standards as it is silent in relation to the entitlement when the employee, their spouse or de facto partner has a miscarriage or gives birth to a stillborn child. However, I note clause 5.6 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 November 2024.

In accordance with clause 4.2, the nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Davey Water Products T/A Davey Water Products Pty Ltd applied to the Fair Work Commission for approval of the Davey Water Products Warehouse Enterprise Agreement 2024. The applicant, represented by Mr. J. A. McPhail, is an employer within the meaning of the Fair Work Act 2009. The application was made in accordance with section 231 of the Act, seeking the Commission's approval of the agreement. The agreement was registered with the Commission on 12 February 2024.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and the Fair Work Regulations, and whether it provided for terms and conditions of employment that were fair and reasonable. The Commission examined the agreement to determine whether it contained all the prescribed terms, and whether it was free from prohibited content. The applicant argued that the agreement was fair and reasonable, and that it provided for a streamlined dispute resolution process.

The Commission noted that the agreement provided for all the prescribed terms, and that it did not contain any prohibited content. The Commission also noted that the agreement provided for a streamlined dispute resolution process, which included a requirement for employees to attempt to resolve any disputes through internal discussions before escalating the matter to an external dispute resolution body. The Commission found that the agreement was fair and reasonable, and that it met the requirements of the Fair Work Act and the Fair Work Regulations. The application was therefore approved.

The Fair Work Commission approved the Davey Water Products Warehouse Enterprise Agreement 2024, effective from 1 March 2024. The agreement will now be registered with the Commission, and will apply to the employees of Davey Water Products T/A Davey Water Products Pty Ltd.

Davey Water Products T/A Davey Water Products Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established