Davidson Workplace Solutions Pty Ltd Summary

[2022] FWCA 2249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Davidson Workplace Solutions Pty Ltd

(AG2022/1927)

Australian Local Government Association Enterprise Agreement 2022

Clerical industry
COMMISSIONER MATHESON	SYDNEY, 6 JULY 2022

Application for approval of the Australian Local Government Association Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Australian Local Government Association Enterprise Agreement 2022 (Agreement). The application was made by Davidson Workplace Solutions Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Davidson Workplace Solutions Pty Ltd applied for the approval of the Australian Local Government Association Enterprise Agreement 2022. The application was made pursuant to section 185 of the Fair Work Act 2009. The applicant sought to ensure that the enterprise agreement was consistent with the requirements of the Act. The agreement, which is a single enterprise agreement, covers employees in the clerical industry. Commissioner Matheson, in Sydney, was tasked with deciding whether the agreement met the criteria for approval under the Act.

The legal issues before the Commissioner were whether the Agreement met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act. Specifically, the Commissioner had to determine if the Agreement was consistent with the National Employment Standards, and if the Undertakings provided by the Employer were acceptable. The Commissioner also had to consider whether the Agreement was fairly negotiated and if it would cause financial detriment to employees or result in substantial changes to the Agreement.

The Commissioner found that while certain provisions of the Agreement may be inconsistent with the National Employment Standards, clause 1.5.1 of the Agreement ensured that the more beneficial entitlements of the NES would prevail where there was an inconsistency. The Commissioner was satisfied that the Undertakings provided by the Employer would not cause financial detriment to employees or result in substantial changes to the Agreement. The Commissioner also noted that no objections were raised by the bargaining representatives. Consequently, the Commissioner approved the Undertakings and was satisfied that all relevant requirements of the Act had been met. The Agreement was approved and will operate from 13 July 2022, with a nominal expiry date of 30 June 2024.

Davidson Workplace Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established