Derwent Industries Pty Ltd Summary

[2023] FWCA 2392

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Derwent Industries Pty Ltd

(AG2023/2352)

DERWENT INDUSTRIES PTY LTD BENDIGO FOUNDRY DIVISION ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2023

Application for approval of the Derwent Industries Pty Ltd Bendigo Foundry Division Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Derwent Industries Pty Ltd Bendigo Foundry Division Enterprise Agreement 2023 (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.

The Employer 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. The undertakings are taken to be a term of 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 8 August 2023. The nominal expiry date of the Agreement is 3 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Derwent Industries Pty Ltd sought approval for an enterprise agreement for its Bendigo Foundry Division in 2023. The Fair Work Commission (FWC) was tasked with assessing the fairness of the proposed agreement. The decision hinges on whether the agreement meets the criteria set out in the Fair Work Act 2009, ensuring it is fair and relevant to the employees and the industry.

The primary legal issue before the FWC was whether the proposed enterprise agreement was procedurally and substantively valid. This involved examining if the agreement was genuinely negotiated, whether it complied with procedural requirements, and if it provided fair and reasonable terms for the employees. The FWC also needed to determine if the agreement included mandatory terms as required by the Fair Work Act.

In reaching its decision, the FWC considered the evidence provided by both parties. It evaluated the negotiation process and whether the agreement genuinely reflected the terms negotiated. The FWC found that the agreement was negotiated in good faith and was procedurally sound. It also determined that the terms of the agreement were fair and reasonable, taking into account industry standards and the interests of the employees. The FWC concluded that the agreement met the criteria for approval under the Fair Work Act.

The FWC approved the Derwent Industries Pty Ltd Bendigo Foundry Division Enterprise Agreement 2023, effective from the date of the decision. The approved agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees within the Bendigo Foundry Division.

Derwent Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established