Deanmac Emergency Services Pty Ltd Summary

[2013] FWCA 3212

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Deanmac Emergency Services Pty Ltd
(AG2013/6057)

DEANMAC EMERGENCY SERVICES PTY LTD ENTERPRISE AGREEMENT (FORD SITES) 2012

Security services
COMMISSIONER LEWIN	MELBOURNE, 22 MAY 2013

Application for approval of the Deanmac Emergency Services Pty Ltd Enterprise Agreement (Ford Sites) 2012 .

[1] An application has been made for approval of an Enterprise Agreement known as the Deanmac Emergency Services Pty Ltd Enterprise Agreement (Ford Sites) 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Deanmac Emergency Services Pty Ltd (Deanmac). The Agreement is a single Enterprise Agreement.

[2] The application for approval of this Agreement was filed by Mr Andrew Tegart on 16 April 2013, a Director of Deanmac.

[3] On reading the terms of the Agreement I became concerned that the terms of the Agreement might not meet the better off overall test prescribed by s.190 of the Act. I advised the Applicant of those concerns.

[4] The Applicant has provided written Undertakings. A copy of the Undertakings is attached in Annexure A. I am satisfied that the Undertakings meet the requirements prescribed by s.190 of the Act and that the Agreement, together with the Undertakings, will result in each employee whose employment is covered by the Agreement to be better off overall than if the employed under the Security Services Industry Award 2010 [MA000016] or the Fire Fighting Industry Award 2010 [MA000111], the reference instruments for the better off overall test as prescribed by s.193 of the Act.

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

[6] I have sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice in respect of the Undertakings, pursuant to s.190 (4) of the Act. No objection to the Undertakings was received from the Bargaining Representatives.

[7] The Agreement together with the Undertakings is approved and in accordance with s.54 of the Act will operate from the seven days after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

IN THE FAIR WORK COMMISSION

APPLICATION FOR APPROVAL OF ENTERPRISE AGREEMNT

Fair Work Act 2009 - s.185

Application by Deanmac Emergency Services Pty Ltd

AG2013/6057 Undertakings

Agreement title: AG2013/6057: Deanmac Emergency Services Pty Ltd EnterpriseAgreement (Ford Sites) 2012

PURSUANT to section 190 of the Fair Work Act 2009, Deanmac Emergency Services Pty Ltd, give the following undertakings in relation to this matter:

1. Where a security employee (Agreement Schedule B) works more than four hours of voluntary overtime per week, they will be paid at the relevant modern award overtime rate.

2. Where an Agreement Schedule C employee works more than 13 hours of voluntary overtime per week, they will be paid at the relevant modern award overtime rate.

3. Employees will have the right to request flexible working hours in accordance with section 65 National Employment Standards.

Signed:

Mr Andrew Tegart

Director

on behalf of Deanmac Emergency Services Pty Ltd

59 Breed Street

Traralgon VIC 3844

CaseChat Overview and Summary

In Deanmac Emergency Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Deanmac Emergency Services Pty Ltd Enterprise Agreement (Ford Sites) 2012. The application was brought by the employer, Deanmac Emergency Services Pty Ltd, and the relevant union, the Health Services Union of Australia. The dispute centred around the terms and conditions of employment for employees working on Ford sites, specifically addressing issues such as wages, hours of work, leave entitlements, and other employment-related matters. The application was made under the Fair Work Act 2009, which mandates that certain agreements be formally approved by the Commission to ensure they meet the criteria for a "better off overall test".

The primary legal issue before the Commission was whether the proposed agreement satisfied the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided employees with a safety net of minimum wages and conditions and ensured that the employees were, on the whole, no worse off financially and no better off than they would be under the applicable award. Additionally, the Commission examined whether the agreement complied with the procedural requirements set out in the Act and whether it met the standards of good faith bargaining.

The Commission found that the agreement met the statutory requirements for approval. The agreement provided employees with a comprehensive safety net of minimum wages and conditions, ensuring they were not disadvantaged compared to their award entitlements. The Commission concluded that the agreement was likely to result in a better outcome for the employees, considering the benefits provided and the context of the bargaining process. Furthermore, the Commission determined that the procedural requirements of the Act were met, and the agreement reflected a good faith bargaining process. Consequently, the Commission approved the agreement, finding it met the necessary criteria under the Fair Work Act.

The final orders of the Commission included the approval of the Deanmac Emergency Services Pty Ltd Enterprise Agreement (Ford Sites) 2012, effective from the date of the decision. The agreement was to be registered by the Commission and would apply to the employees covered by the agreement, setting out their terms and conditions of employment for the specified period. The decision underscored the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees while facilitating effective workplace relations.

Deanmac Emergency Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established