DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Defries Industries Pty Ltd T/A Defries Industries
(AG2017/3390)

DEFRIES ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 27 NOVEMBER 2017

Application for approval of the Defries Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Defries Enterprise Agreement 2016 (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 T/A Defries Industries. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The National Union of Workers 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 4 December 2017. The nominal expiry date of the Agreement is 4 December 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of Defries Industries Pty Ltd trading as Defries Industries, the Fair Work Commission was tasked with determining the application for approval of the Defries Enterprise Agreement 2016. The dispute centred around the terms and conditions set forth in the proposed agreement, which was intended to govern the employment relationship between the employer and its employees. The application for approval was brought before the Commission to ensure that the agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the agreement met the criteria for approval under the Act. This included evaluating whether the agreement provided for terms and conditions of employment that were no worse off financially than those provided for in the applicable awards or modern awards, and whether it adhered to the requirements for proper bargaining and consultation processes. Additionally, the Commission had to determine if the agreement appropriately balanced the interests of both the employer and the employees.

After carefully considering the submissions and evidence presented by both parties, the Commission found that the Defries Enterprise Agreement 2016 met the necessary criteria for approval. The Commission concluded that the agreement provided for terms and conditions that were not worse off financially than the applicable awards and demonstrated that the bargaining process was conducted in good faith. The Commission also noted that the agreement contained provisions that adequately protected the rights and interests of the employees. Consequently, the application for approval was granted.

The Commission's decision affirmed the validity of the Defries Enterprise Agreement 2016, which now governs the employment terms and conditions for the parties involved. This outcome ensures that the agreement remains in effect, providing a clear and legally binding framework for the employer and employees to follow in their ongoing relationship.

Defries Industries Pty Ltd T/A Defries Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established