DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dematic Pty Ltd
(AG2015/1056)

COMMISSIONER RYAN

MELBOURNE, 25 MAY 2015

Application for approval of the Dematic Pty Limited - Hume DC Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of the Dematic Pty Limited - Hume DC 2015 (the agreement)was filed with the Fair Work Commission (the Commission) on 6 May 2015. The Agreement is a single-enterprise agreement.

Notice of employee representational rights

[2] Amendments to the Fair Work Act2009 (the Act) which commenced on 1 January 2013 clarified what must be in a Notice. Section 174(1A) of the Act states as follows:

“Notice requirements
(1A) The notice must:

(a) contain the content prescribed by the regulations; and
(b) not contain any other content; and
(c) be in the form prescribed by the regulations.”

[3] Schedule 2.1 of the Fair Work Regulations 2009 (the Regulations) sets out the terms of a Notice as follows:

“Schedule 2.1 Notice of employee representational rights
(regulation 2.05)
Fair Work Act 2009, subsection 174(6)
[Name of employer] gives notice that it is bargaining in relation to an enterprise agreement ([name of the proposed enterprise agreement]) which is proposed to cover employees that [proposed coverage].
What is an enterprise agreement?
An enterprise agreement is an agreement between an employer and its employees that will be covered by the agreement that sets the wages and conditions of those employees for a period of up to 4 years. To come into operation, the agreement must be supported by a majority of the employees who cast a vote to approve the agreement and it must be approved by an independent authority, Fair Work Commission.
If you are an employee who would be covered by the proposed agreement:
You have the right to appoint a bargaining representative to represent you in bargaining for the agreement or in a matter before Fair Work Commission about bargaining for the agreement.
You can do this by notifying the person in writing that you appoint that person as your bargaining representative. You can also appoint yourself as a bargaining representative. In either case you must give a copy of the appointment to your employer.
[If the agreement is not an agreement for which a low-paid authorisation applies—include:]
If you are a member of a union that is entitled to represent your industrial interests in relation to the work to be performed under the agreement, your union will be your bargaining representative for the agreement unless you appoint another person as your representative or you revoke the union’s status as your representative.
[If a low-paid authorisation applies to the agreement—include:]
Fair Work Commission has granted a low-paid bargaining authorisation in relation to this agreement. This means the union that applied for the authorisation will be your bargaining representative for the agreement unless you appoint another person as your representative, or you revoke the union’s status as your…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] FWCA 3445
Decision Date: 25 MAY 2015

CaseChat Overview and Summary

Dematic Pty Ltd sought approval for the Dematic Pty Limited - Hume DC Enterprise Agreement 2015. The dispute was brought before the Fair Work Commission. The primary legal issues revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the terms and conditions of employment, including minimum wages, leave entitlements, and procedural fairness in the workplace.

The Commission considered whether the agreement met the requirements for registration under the Fair Work Act, including whether it provided for the terms and conditions of employment that were no less favourable than the applicable awards or safety nets. The Commission also examined whether the agreement was made in good faith and whether it provided for a proper process for resolving workplace disputes.

In its decision, the Commission found that the agreement met the necessary requirements for approval. The Commission held that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum wage rates and leave entitlements. Furthermore, the Commission was satisfied that the agreement had been made in good faith and included adequate processes for resolving workplace disputes. Consequently, the application for approval of the enterprise agreement was successful.

The Commission approved the Dematic Pty Limited - Hume DC Enterprise Agreement 2015, effective from the date of the decision. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the relevant employees until a new agreement is made.

Orders