DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dayproof Group Pty Ltd
(AG2015/405)

DAYPROOF GROUP PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 MARCH 2015

Application for approval of the Dayproof Group Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dayproof Group Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dayproof Group Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2015. The nominal expiry date of the Agreement is 19 March 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Dayproof Group Pty Ltd sought approval of the Dayproof Group Pty Ltd Enterprise Agreement 2014, which was to cover employees in various roles across the company. The applicants, representing the employer, and the respondents, representing the employees, engaged in discussions and negotiations to reach an agreement on the terms and conditions of employment. The primary focus of the application was to ensure that the agreement complied with the relevant legislative requirements under the Fair Work Act 2009.

The legal issues before the court revolved around whether the agreement satisfied the necessary criteria for approval as outlined in the Fair Work Act 2009. Specifically, the court needed to consider whether the agreement was free from prohibited content, provided for genuine bargaining, and met the requirements for good faith bargaining. Additionally, the court examined whether the agreement complied with the provisions concerning minimum wages and conditions, including provisions for penalty rates, leave entitlements, and other relevant employment standards.

The Fair Work Commission, in considering the application, examined the evidence presented by both parties and assessed the agreement against the statutory requirements. The court found that the agreement met all the necessary criteria, including the absence of prohibited content and compliance with minimum wage and condition standards. The Commission also determined that the agreement had been reached through genuine and good faith bargaining, as evidenced by the negotiations and discussions between the parties. Consequently, the Commission approved the Dayproof Group Pty Ltd Enterprise Agreement 2014, affirming its compliance with the relevant legislative framework.

As a result of the decision, the Dayproof Group Pty Ltd Enterprise Agreement 2014 was approved and became legally binding between the employer and the employees covered by the agreement. The Commission's approval ensured that the agreement would be enforced and that the terms and conditions of employment would be governed by the provisions of the approved agreement. This decision provided clarity and certainty for both the employer and employees, establishing a framework for their ongoing employment relationship.

Dayproof Group 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