DECISION

Fair Work Act 2009
s.185—Enterprise agreement

David Brown Santasalo Australia Pty Ltd T/A David Brown Santasalo
(AG2018/729)

DAVID BROWN SANTASALO ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2018

Application for approval of the David Brown Santasalo Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the David Brown Santasalo Enterprise 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 David Brown Santasalo Australia Pty Ltd T/A David Brown Santasalo. 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 13 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of David Brown Santasalo Australia Pty Ltd T/A David Brown Santasalo, the Fair Work Commission was asked to approve the David Brown Santasalo Enterprise Agreement 2017. The application for approval came from the employer, David Brown Santasalo Australia Pty Ltd, and concerned the terms of the agreement reached with its employees, as represented by the relevant union. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the statutory requirements for enterprise agreements.

The court had to consider several legal issues, including whether the agreement was genuinely negotiated between the employer and the union, whether it included the necessary minimum terms as stipulated by the Fair Work Act, and whether the agreement provided for appropriate dispute resolution mechanisms. Additionally, the court examined whether the agreement allowed for adequate employee representation and whether it complied with procedural fairness requirements, such as proper notification and opportunity for employees to review and comment on the agreement.

The Fair Work Commission concluded that the David Brown Santasalo Enterprise Agreement 2017 was duly negotiated and met all the statutory requirements. The court found that the agreement included all the mandated minimum terms and provided for appropriate dispute resolution mechanisms. It also determined that the agreement allowed for adequate employee representation and complied with procedural fairness. Consequently, the Commission approved the agreement, acknowledging its fairness and compliance with the legal standards set forth in the Fair Work Act.

The final orders of the Fair Work Commission were to approve the David Brown Santasalo Enterprise Agreement 2017, effective from the date of the decision. This approval allowed the terms of the agreement to be legally binding on the parties involved, ensuring that the employees' conditions of employment were formally recognised and regulated by the approved enterprise agreement.

David Brown Santasalo Australia Pty Ltd T/A David Brown Santasalo

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established