Defries Industries Pty Ltd

[2013] FWCA 5134

FAIR WORK COMMISSION

DECISION

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

Defries Industries Pty Ltd
(AG2013/7005)

DEFRIES ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2013

Application for approval of the Defries Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Defries Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Defries Industries Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision and marked Attachment A, which have been provided by the employer, Defries Industries Pty Ltd.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 and s.190 as are relevant to this application for approval have been met.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2013. The nominal expiry date of the Agreement is 5 August 2016.

COMMISSIONER

(Attachment A)

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Defries Industries Pty Ltd, which applied for the approval of the Defries Enterprise Agreement 2013. The dispute centred around the terms and conditions of the enterprise agreement, which aimed to govern the employment conditions of the company's workers. The application was heard in the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under Australian labour law.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly regarding the coverage of employees, the process by which the agreement was negotiated, and the fairness of the terms and conditions set out in the agreement. The Commission had to determine if the agreement met the statutory criteria for approval, including that it was made in good faith and that it provided for the proper operation of the enterprise.

In its decision, the Commission found that the Defries Enterprise Agreement 2013 complied with the necessary legal requirements. The Commission determined that the agreement was made in good faith, the negotiation process was appropriate, and the terms and conditions were fair and reasonable. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect as intended by the parties. The approval was based on the evidence presented, which demonstrated that the agreement met all the statutory criteria for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established