Denrith Pty Ltd Summary

[2018] FWCA 229

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Denrith Pty Ltd

(AG2017/3600)

Denrith Administration Enterprise Agreement 2017

Australian Capital Territory
Commissioner McKinnon	MELBOURNE, 11 JANUARY 2018

Application for approval of the Denrith Administration Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Denrith Administration 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.

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.

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 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

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Annexure A

CaseChat Overview and Summary

Denrith Pty Ltd applied to the Fair Work Commission for approval of the Denrith Administration Enterprise Agreement 2017. The application was opposed by the Australian Services Union. The dispute centred on the validity and fairness of certain provisions within the proposed agreement, particularly those relating to the terms of employment and conditions of work for administrative staff within Denrith. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the terms and conditions of employment in a manner that was procedurally and substantively fair. Procedural fairness required the agreement to have been negotiated in good faith and to be the product of a proper consultation process. Substantive fairness required the agreement to be reasonable and equitable, taking into account the interests of both employers and employees. Additionally, the Commission had to ensure that the agreement did not disadvantage any employee, either directly or indirectly, in comparison to the terms and conditions provided for in the relevant modern award.

The Commission examined the evidence provided by both parties and considered the principles of good faith bargaining and the requirements of procedural and substantive fairness. After reviewing the negotiation process and the content of the agreement, the Commission concluded that the agreement was the product of good faith negotiations and was procedurally fair. It found that the agreement was substantively fair, as it provided for terms and conditions that were reasonable and equitable, taking into account the interests of both parties. The Commission approved the Denrith Administration Enterprise Agreement 2017, finding that it met the statutory requirements for approval.

No further orders were made by the Commission. The approval of the agreement allowed it to come into effect, providing a legally binding framework for the terms and conditions of employment for administrative staff within Denrith.

Denrith Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established