Devro Pty Limited

[2023] FWCA 1704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Devro Pty Limited

(AG2023/1354)

DEVRO PTY LIMITED ELECTRICAL EMPLOYEES ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 9 JUNE 2023

Application for approval of the Devro Pty Limited Electrical Employees Enterprise Agreement 2023

Devro Pty Limited (Employer) has made an application for approval of an enterprise agreement known as the Devro Pty Limited Electrical Employees Enterprise Agreement 2023 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

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.

Section 183 Bargaining Representative

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2023. The nominal expiry date of the Agreement is 3 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Devro Pty Limited and its employees, represented by their union, seeking approval of the proposed Electrical Employees Enterprise Agreement for 2023. The application was heard by the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The primary dispute centred on whether the proposed agreement complied with the statutory requirements and if it provided fair terms and conditions for the employees.

The legal issues before the court included whether the agreement was appropriately negotiated and if it contained all the mandatory provisions as required by the Fair Work Act. Additionally, the court had to consider whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions, dispute resolution mechanisms, and other essential workplace provisions.

The Fair Work Commission carefully reviewed the proposed agreement, examining the negotiation process, the terms and conditions, and compliance with the statutory requirements. The court noted that the agreement was the product of good faith bargaining between the parties and contained all the necessary mandatory provisions. Furthermore, the court was satisfied that the agreement provided for fair and reasonable terms and conditions, taking into account the needs and interests of both the employees and the employer. Consequently, the Commission approved the Devro Pty Limited Electrical Employees Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established