Dexion (Australia) Pty Ltd

[2013] FWCA 3788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dexion (Australia) Pty Ltd
(AG2013/6811)

DEXION (AUSTRALIA) PTY LTD (KINGS PARK) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 17 JUNE 2013

Application for approval of the Dexion (Australia) Pty Ltd (Kings Park) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dexion (Australia) Pty Ltd (Kings Park) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Dexion (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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, will operate from 24 June 2013. The nominal expiry date is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Dexion (Australia) Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement was intended to govern the employment conditions of certain employees in the company's Kings Park location. The dispute centred on the fairness and compliance of the proposed agreement with relevant labour laws. The Fair Work Commission was tasked with evaluating whether the agreement met the necessary standards for approval.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements of the Fair Work Act 2009. Key points of contention involved the classification of employees, the remuneration structure, and the provisions regarding redundancy and termination. The Commission needed to determine if the agreement adequately protected the interests of the employees and adhered to the statutory provisions.

The Fair Work Commission found that the proposed agreement was fair and reasonable in all its aspects. It concluded that the agreement provided for appropriate terms and conditions of employment, including fair remuneration, and that it complied with the statutory requirements. The Commission noted that the agreement included provisions for employee consultation and participation, which were deemed adequate. The Commission approved the enterprise agreement, finding it to be in the best interests of the employees and compliant with the Fair Work Act.

The Fair Work Commission granted approval for the Dexion (Australia) Pty Ltd (Kings Park) Enterprise Agreement 2013. The agreement was deemed to be fair, reasonable, and compliant with the requirements of the Fair Work Act 2009. The Commission's decision was based on the comprehensive evaluation of the agreement's provisions, which were found to adequately protect the interests of the employees and meet the statutory standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established