Davidson Workplace Solutions Pty Ltd

[2025] FWCA 735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Davidson Workplace Solutions Pty Ltd

(AG2024/4721)

WEST ARNHEM REGIONAL COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
COMMISSIONER THORNTON	ADELAIDE, 25 FEBRUARY 2025

Application for approval of the West Arnhem Regional Council Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the West Arnhem Regional Council Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davidson Workplace Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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

Clause 69.9 purports to allow monies to be deducted from certain employees if required notice is not given on termination. This clause may allow deductions from entitlements owing under the National Employment Standards (NES) and may be contrary to the NES. Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union (UWU) and the Australian Services Union (ASU) lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU and the ASU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 4 March 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Davidson Workplace Solutions Pty Ltd, the applicant sought approval for the West Arnhem Regional Council Enterprise Agreement 2024. The dispute involved the fairness and reasonableness of the agreement, which was submitted for endorsement under the Fair Work Act 2009. The Fair Work Commission was the tribunal that heard the case, tasked with determining whether the agreement met the criteria for approval.

The primary legal issues before the Commission were whether the agreement contained terms that were fair and reasonable, and if it complied with the requirements of the Fair Work Act. The Commission examined the contents of the agreement, including its provisions on wages, hours of work, leave entitlements, and other employment conditions. It was essential to assess if the agreement adequately protected the interests of both employees and employers and whether it complied with the legislative standards for fairness and reasonableness.

The Fair Work Commission carefully reviewed the agreement, taking into account various factors such as the nature of the bargaining process, the economic circumstances, and the specific needs of the workforce. The Commission found that the agreement contained terms that were fair and reasonable and that it complied with the statutory requirements. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided a fair balance of rights and obligations for both parties. Consequently, the Commission approved the West Arnhem Regional Council Enterprise Agreement 2024.

The final orders of the Commission were that the West Arnhem Regional Council Enterprise Agreement 2024 be approved and registered, effective from the date of the decision. This approval ensured that the agreement would have legal force and effect, governing the employment conditions of the relevant employees under the terms specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established