DECISION

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

DBS QLD Pty Ltd
(AG2015/628)

DBS QLD PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 MARCH 2015

Application for approval of the DBS QLD Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 20 March 2015 by DBS QLD Pty Ltd for the approval of a single-enterprise agreement known as the DBS QLD Pty Ltd Enterprise Agreement 2015(“the Agreement”).

[2] 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.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved DBS QLD Pty Ltd, an employer, and its employees, represented by the Australian Manufacturing Workers' Union. The dispute centred on the application for approval of the DBS QLD Pty Ltd Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The primary issue for the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in the public interest, met the coverage test, and did not contain any provisions that were against public policy.

The Fair Work Commission found that the agreement was in the public interest and met the coverage test. However, the Commission was concerned about certain provisions that appeared to restrict the employees' rights to engage in protected industrial action. The Commission noted that while the agreement contained a good faith bargaining clause, the restrictions on protected action were overly broad and could potentially undermine the employees' right to strike. The Commission held that the agreement did not meet the requirements for approval as it contained provisions that were against public policy. The employer was given an opportunity to amend the agreement to address these concerns.

Following the Commission's decision, the employer made amendments to the agreement to remove the overly broad restrictions on protected action. The amended agreement was then approved by the Fair Work Commission. The case highlights the importance of ensuring that enterprise agreements do not contain provisions that are against public policy, particularly those that restrict employees' rights to engage in protected industrial action. Employers should carefully consider the implications of any proposed restrictions on protected action and ensure that their agreements comply with the requirements of the Fair Work Act.

DBS QLD 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