De Neefe Pty Ltd T/A De Neefe Signs Pty Ltd Summary

[2014] FWCA 901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

De Neefe Pty Ltd T/A De Neefe Signs Pty Ltd
(AG2014/3531)

DE NEEFE SIGNS MELBOURNE MANUFACTURING/PRODUCTION EMPLOYEES, ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 FEBRUARY 2014

Application for approval of the De Neefe Signs Melbourne Manufacturing/Production Employees, Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the De Neefe Signs Melbourne Manufacturing/Production Employees, Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by De Neefe Pty Ltd T/A De Neefe Signs Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses 16 and 19 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 12 February 2014. The nominal expiry date of the Agreement is 11 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

De Neefe Pty Ltd, trading as De Neefe Signs Pty Ltd, applied for the approval of the De Neefe Signs Melbourne Manufacturing/Production Employees Enterprise Agreement 2013. The application was heard by the Fair Work Commission, a tribunal with jurisdiction over employment matters in Australia. The primary dispute centred around whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all necessary provisions, such as those relating to minimum wages, penalty rates, and other standard terms and conditions of employment. The Commission also needed to determine if the agreement had been made in good faith and whether it complied with the procedural requirements, such as ensuring proper employee representation and consultation during the negotiation process. Another issue was whether the agreement adequately addressed the interests of the employees and whether it provided for a fair and equitable resolution of disputes.

The Commission found that the agreement was comprehensive and met all the statutory requirements. It contained all the necessary provisions and had been negotiated in good faith. The procedural requirements were satisfied, as evidenced by the proper representation of employees and the extensive consultation process. The Commission was satisfied that the agreement provided for fair and equitable terms and adequately addressed the interests of the employees. Therefore, the Commission approved the enterprise agreement, confirming its validity and enforceability.

In its decision, the Fair Work Commission approved the De Neefe Signs Melbourne Manufacturing/Production Employees Enterprise Agreement 2013. The Commission's approval signifies that the agreement is now a legally binding contract between De Neefe Signs Pty Ltd and its employees, setting out the terms and conditions of their employment. This decision ensures that the agreement will be implemented and enforced, providing a stable and predictable employment environment for the parties involved.

De Neefe Pty Ltd T/A De Neefe Signs Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established