DECISION

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

DDT Liners (Australia) Pty Ltd
(AG2015/2032)

DDT LINERS (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 31 MARCH 2015

Application for approval of the DDT Liners (Australia) Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 2 March 2015 by DDT Liners (Australia) Pty Ltd for the approval of a single-enterprise agreement known as the DDT Liners (Australia) Pty Ltd Enterprise Agreement 2014(“the Agreement”).

[2] On 31 March 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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 consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] 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

In the Fair Work Commission, the matter involved an application for the approval of the DDT Liners (Australia) Pty Ltd Enterprise Agreement 2014. The application was brought forth by the employer, DDT Liners (Australia) Pty Ltd, and the union involved was the Maritime Officers’ Association of Australia. The dispute centred on the terms and conditions of employment for the employees, particularly concerning wages, hours of work, and other related matters.

The primary legal issues before the Court were whether the agreement complied with the relevant legislative provisions, including the Fair Work Act 2009, and whether the agreement was made in good faith and without coercion. The union argued that the proposed agreement did not adequately protect employees' interests, particularly in relation to the classification of employees and the conditions of their employment. The employer, on the other hand, contended that the agreement was a fair and reasonable one, reflecting the economic realities and the need for flexibility in the industry.

The Fair Work Commission, in its decision, thoroughly examined the terms of the proposed agreement and the submissions of both parties. The Commission considered the economic context of the industry, the bargaining positions of the parties, and the principles of good faith bargaining. Ultimately, the Commission found that the agreement was fair and reasonable, taking into account the need for flexibility and the economic realities faced by the employer. The Commission approved the agreement, recognising the need to balance the interests of both the employer and the employees while ensuring compliance with the statutory requirements. The union's concerns regarding the classification of employees were addressed through specific provisions in the agreement, which the Commission deemed to be satisfactory.

The final orders of the Commission were that the DDT Liners (Australia) Pty Ltd Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to commence on the date of the decision and be in effect for a period of four years. The Commission also noted that any disputes arising from the agreement would be subject to the dispute resolution processes outlined within the agreement itself.

DDT Liners (Australia) 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