DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Denrith Pty Ltd
(AG2017/3598)

DENRITH GOULBURN SAND AND SOIL ENTERPRISE AGREEMENT 2017

Australian Capital Territory
COMMISSIONER MCKINNON	MELBOURNE, 11 JANUARY 2018

Application for approval of the Denrith Goulburn Sand and Soil Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Denrith Goulburn Sand and Soil Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Denrith Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2018. The nominal expiry date of the Agreement is 10 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Denrith Pty Ltd involved the company seeking approval for a new enterprise agreement with its employees. The dispute was brought before the Fair Work Commission, the body responsible for regulating and enforcing workplace relations in Australia. The primary legal issues the court had to decide were whether the proposed enterprise agreement complied with the necessary legal requirements and whether it was fair and reasonable for the employees.

The Fair Work Commission examined the proposed agreement, focusing on its compliance with the Fair Work Act 2009. The Commission assessed whether the agreement provided for appropriate consultation, whether it included the necessary provisions for employee rights and protections, and whether it met the standards of procedural fairness. The court also considered the balance of the agreement in terms of benefits and obligations for both the employer and the employees.

In its decision, the Fair Work Commission found that the proposed Denrith Goulburn Sand and Soil Enterprise Agreement 2017 did indeed meet the statutory requirements and was fair and reasonable. The Commission noted that the agreement had been developed through a process of genuine consultation between the parties, and that it provided for appropriate terms and conditions for the employees. The court also found that the agreement was balanced and met the standards of procedural fairness. As a result, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission's approval of the proposed Denrith Goulburn Sand and Soil Enterprise Agreement 2017 provides a clear framework for the employment relationship between the company and its employees. The decision highlights the importance of genuine consultation and procedural fairness in the development of enterprise agreements. It also confirms the role of the Fair Work Commission in ensuring that workplace agreements meet the necessary legal standards and protect the rights of both employers and employees.

Denrith Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established