DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Derwent Industries Pty Ltd
(AG2018/6409)

DERWENT INDUSTRIES - FOUNDRY WORKPLACE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 18 APRIL 2019

Application for approval of the Derwent Industries - Foundry Workplace Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Derwent Industries - Foundry Workplace 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 Derwent Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Derwent Industries Pty Ltd recently faced a legal challenge in relation to the approval of its 2018 Workplace Agreement. The case was heard by the Australian Industrial Relations Commission, where the primary issue was whether the agreement complied with the relevant industrial laws. The applicant, Derwent Industries, sought to have the agreement approved as a registered workplace agreement under the Fair Work Act 2009. The opposition was lodged by a group of employees who argued that the agreement did not meet the necessary standards for approval, as it failed to provide adequate protections and entitlements.

The court was tasked with determining whether the agreement satisfied the requirements set out in the Fair Work Act, specifically focusing on whether it included a genuine bargaining process and whether it provided for the fair treatment of employees. The court examined the documentation and evidence provided by both parties to assess the validity of the agreement. It considered whether the agreement was genuinely negotiated, if it provided for fair terms and conditions, and if it included the necessary protections for employees.

In its decision, the court found that the agreement did indeed meet the necessary standards for approval. The court was satisfied that the agreement had been genuinely negotiated between the parties and that it provided fair terms and conditions for the employees. The court also noted that the agreement included the necessary protections and entitlements required by the Act. As a result, the court approved the Derwent Industries - Foundry Workplace Agreement 2018, allowing it to be registered as a registered workplace agreement under the Fair Work Act.

Derwent Industries 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