DECISION

Fair Work Act 2009
s.185—Enterprise agreement

De’Longhi Australia Pty Ltd
(AG2020/4185)

DE’LONGHI AUSTRALIA PTY LTD AND THE UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Storage services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 FEBRUARY 2021

Application for approval of the De’Longhi Australia Pty Ltd and the United Workers Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the De’Longhi Australia Pty Ltd and the United Workers Union Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 February 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

De’Longhi Australia Pty Ltd sought approval for its Enterprise Agreement with the United Workers Union, which was contested by a group of employees. The matter was before the Fair Work Commission. The central legal issues revolved around whether the agreement was made in accordance with the requirements of the Fair Work Act 2009, specifically whether the agreement was in the best interests of the employees and whether it complied with the procedural fairness requirements. Additionally, the court had to determine whether the agreement met the standards set by the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission examined the process through which the agreement was negotiated and whether it was genuinely agreed upon by the employees. The Commission also assessed if the agreement contained adequate provisions for the employees’ rights and protections. It was necessary to determine if the agreement was made without any coercion or undue influence. The court found that the negotiation process was conducted in good faith and that the agreement was made without any procedural flaws. The Commission concluded that the agreement was in the best interests of the employees, as it provided them with fair and reasonable terms.

Consequently, the Fair Work Commission approved the De’Longhi Australia Pty Ltd and the United Workers Union Enterprise Agreement 2020. The court found that the agreement was genuinely negotiated and met the statutory requirements for approval. The Commission determined that the agreement was fair and reasonable, and it was in the best interests of the employees. The Commission found that the agreement complied with the procedural fairness requirements and did not contain any terms that were detrimental to the employees. The employees’ objections were dismissed, and the agreement was approved as a registered agreement under the Fair Work Act 2009.

De’Longhi 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