DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Devro Pty Limited
(AG2015/6411)

DEVRO PTY LIMITED OPERATING EMPLOYEES ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2015

Application for approval of the Devro Pty Limited Operating Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Devro Pty Limited Operating Employees Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Devro Pty Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 October 2015 and, in accordance with s.54, will operate from 4 November 2015. The nominal expiry date of the Agreement is 2 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Devro Pty Limited, the respondent, applied to the Fair Work Commission for the approval of the Devro Pty Limited Operating Employees Enterprise Agreement 2015. The applicant, the Fair Work Commission, sought to approve the agreement under the Fair Work Act 2009. The applicant argued that the agreement complied with the requirements of the Act, while the respondent did not object to the approval but raised concerns about the potential impact of the agreement on employees.

The central legal issue before the court was whether the agreement met all the necessary criteria for approval under the Fair Work Act. This included ensuring that the agreement contained all the prescribed terms and conditions, was made in good faith, and did not have any provisions that would be contrary to public policy. The court needed to examine the content of the agreement and determine if it adhered to the statutory requirements.

The Fair Work Commission found that the agreement satisfied all the legal criteria for approval. The agreement contained all the prescribed terms and conditions, was made in good faith, and did not include any provisions that would be contrary to public policy. The court also noted that the agreement provided for fair and reasonable terms for the employees, and there were no objections from the respondent. Based on these findings, the court approved the agreement.

The Fair Work Commission approved the Devro Pty Limited Operating Employees Enterprise Agreement 2015. The approval ensures that the agreement will be legally binding on both parties and will provide a framework for the terms and conditions of employment for the employees covered by the agreement.

Devro Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established