Devro Pty Limited

[2022] FWCA 2897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Devro Pty Limited

(AG2022/3261)

Devro Pty Limited Maintenance Employees Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 AUGUST 2022

Application for approval of the Devro Pty Limited Maintenance Employees Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Devro Pty Limited Maintenance Employees Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 August 2022. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Devro Pty Limited sought approval for the Maintenance Employees Enterprise Agreement 2021. The matter was heard by the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements in Australia. The Fair Work Commission's role includes ensuring that agreements comply with the Fair Work Act 2009 and meet certain fairness standards. The dispute centred on whether the agreement satisfied the legislative requirements, particularly with regard to the procedural fairness and the substantive provisions of the agreement.

The legal issues before the Fair Work Commission involved assessing whether the agreement had been made in accordance with the relevant sections of the Fair Work Act, including the procedural requirements and the substantive fairness test. The Commission needed to determine if the agreement had been fairly negotiated and if it contained terms that were fair and reasonable in all respects. Specific attention was given to whether the agreement appropriately balanced the interests of the employees and the employer, and whether it complied with the procedural fairness standards.

The Fair Work Commission found that the agreement had been fairly negotiated and contained terms that were fair and reasonable. The Commission noted that the process followed adhered to the procedural requirements outlined in the Fair Work Act. Furthermore, the substantive provisions of the agreement were deemed to strike an appropriate balance between the interests of the employees and the employer. The Commission was satisfied that the agreement met the legislative standards for approval. As a result, the Fair Work Commission approved the Maintenance Employees Enterprise Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established