DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delron Cleaning Pty Ltd T/A Delron
(AG2018/3531)

DELRON CLEANING PTY LTD (PROSPECTOR AND AVON LINK/MERREDIN ON-TRAIN CUSTOMER SERVICE OFFICERS) ENTERPRISE AGREEMENT 2018

Rail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 31 JANUARY 2019

Application for approval of the Delron Cleaning Pty Ltd (Prospector and Avon Link/Merredin On-Train Customer Service Officers) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Delron Cleaning Pty Ltd (Prospector and Avon Link/Merredin On-Train Customer Service Officers) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Delron Cleaning Pty Ltd T/A Delron. The agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Australian Rail, Tram and Bus Industry 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 31 January 2019 and, in accordance with s.54, will operate from 7 February 2019. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Delron Cleaning Pty Ltd, trading as Delron, applied to the Fair Work Commission for the approval of the Delron Cleaning Pty Ltd (Prospector and Avon Link/Merredin On-Train Customer Service Officers) Enterprise Agreement 2018. The applicant sought the approval of the enterprise agreement, which was negotiated between the applicant and a union representing certain employees. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement complied with the Fair Work Act, particularly focusing on whether it was certified as a single, indivisible bargain, free from prohibited content, and whether it had been fairly negotiated. The court had to determine if the agreement satisfied the criteria for approval under section 232 of the Act, including whether the agreement was in writing, provided for the terms and conditions of employment, and had been made in good faith.

The Fair Work Commission found that the enterprise agreement complied with the requirements of the Fair Work Act. The agreement was certified as a single, indivisible bargain, contained no prohibited content, and was made in good faith. The court concluded that the agreement met the criteria for approval and was in the best interests of the employees covered by the agreement.

The Fair Work Commission approved the Delron Cleaning Pty Ltd (Prospector and Avon Link/Merredin On-Train Customer Service Officers) Enterprise Agreement 2018. The agreement was certified as meeting the requirements of the Fair Work Act, and the Commission was satisfied that it was in the best interests of the employees covered by the agreement.

Delron Cleaning Pty Ltd T/A Delron

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established