Derby Industries Pty Ltd

[2023] FWCA 831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Derby Industries Pty Ltd

(AG2023/565)

DERBY INDUSTRIES - ENTERPRISE AGREEMENT 2023 (TALLOMAN MAINTENANCE)

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 17 MARCH 2023

Application for approval of the Derby Industries Pty Ltd - Enterprise Agreement 2023 (Talloman Maintenance)

An application has been made for approval of an enterprise agreement known as the Derby Industries Pty Ltd - Enterprise Agreement 2023 (Talloman Maintenance) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Derby Industries Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 15 March 2023.

On 17 March 2023, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

The “The Australasian Meat Industry Employees 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 23 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Derby Industries Pty Ltd, sought approval of an enterprise agreement. The dispute involved the terms and conditions of employment for employees under the Derby Industries Pty Ltd Enterprise Agreement 2023, specifically those in the Talloman Maintenance division. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval, particularly under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement complied with the requirements for approval, including the provisions related to minimum wages, leave entitlements, and procedural fairness in the bargaining process. The Commission needed to ensure that the agreement did not disadvantage employees and that it was made in good faith.

The Commission examined the bargaining process, the content of the agreement, and the fairness of its terms. The applicant argued that the agreement was the result of genuine bargaining and provided benefits to both the employer and the employees. The Commission reviewed whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether it provided for fair and reasonable terms and conditions. The Commission also considered submissions from both parties, as well as relevant industrial jurisprudence and legislative provisions.

After reviewing the evidence and submissions, the Commission found that the agreement was made in good faith and contained all the mandatory terms. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and did not disadvantage employees. The Commission approved the agreement, finding that it met the necessary legal standards for approval. The Commission's decision was based on a detailed analysis of the bargaining process, the content of the agreement, and the fairness of its terms.

The Commission approved the Derby Industries Pty Ltd Enterprise Agreement 2023 (Talloman Maintenance) and directed that it be registered. The applicant was required to take all necessary steps to give effect to the agreement. The decision provided clarity on the legal standards for approving enterprise agreements and reinforced the importance of genuine bargaining in the industrial relations system.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established