Defries Industries Pty Ltd Summary

[2022] FWCA 4353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Defries Industries Pty Ltd

(AG2022/4937)

Defries Industries Enterprise Agreement 2022

Storage services
DEPUTY PRESIDENT DEAN	CANBERRA, 12 DECEMBER 2022

Application for approval of the Defries Industries Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Defries Industries Enterprise Agreement 2022 (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 (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The United Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2022. The nominal expiry date of the Agreement is 18 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter of Defries Industries Pty Ltd, the applicant sought approval of the Defries Industries Enterprise Agreement 2022, which was a proposed industrial instrument intended to regulate the terms and conditions of employment for the company's workforce. The Fair Work Commission (FWC) was tasked with assessing the application and determining whether the agreement should be approved, given the criteria outlined in the Fair Work Act 2009.

The primary legal issues before the FWC were whether the agreement was in accordance with the provisions of the Fair Work Act and whether it met the criteria for approval. This included examining whether the agreement provided for a safety net of minimum wages and conditions, maintained or improved upon the terms of the relevant award, and included appropriate mechanisms for dispute resolution. The applicant argued that the agreement satisfied all these requirements, while the respondent, who was not explicitly named in the text, did not raise any objections to the agreement.

The FWC carefully considered the arguments presented by the applicant and the provisions of the Fair Work Act. The Commission found that the proposed agreement did indeed comply with the statutory requirements. It provided for a safety net of minimum wages and conditions, aligned with the relevant award, and contained appropriate dispute resolution mechanisms. Consequently, the FWC approved the Defries Industries Enterprise Agreement 2022, finding that it met all the necessary criteria for approval. The FWC's decision was based on the evidence and arguments presented, which demonstrated that the agreement was fair and reasonable in all respects. The approval of the agreement was seen as a positive outcome for both the employer and the employees, providing a framework for their ongoing relationship.

Defries Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established