Dexion Commercial (Australia) Pty Limited

[2013] FWCA 8978

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dexion Commercial (Australia) Pty Limited
(AG2013/11081)

DEXION (COMMERCIAL) AUSTRALIA PTY LIMITED - ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 15 NOVEMBER 2013

Application for approval of the Dexion (Commercial) Australia Pty Limited Enterprise -Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dexion (Commercial) Australia Pty Limited Enterprise - Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Dexion Commercial (Australia) Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 14 November 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 November 2013. The nominal expiry date of the Agreement is 15 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Dexion Commercial (Australia) Pty Limited, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing employees in the metal and engineering industry. The dispute centred around the approval of the Dexion (Commercial) Australia Pty Limited Enterprise Agreement 2013, which was being contested by the union. The Fair Work Commission (FWC) was the court responsible for adjudicating the matter.

The legal issues before the FWC included whether the Enterprise Agreement satisfied the requirements for approval under the Fair Work Act 2009, including the necessity for the agreement to provide for minimum terms and conditions of employment and whether the agreement had been fairly negotiated. The FWC also needed to determine if the agreement met the requirements for the FWC's approval, specifically if the agreement was in the public interest and whether the union had genuinely negotiated the agreement.

The FWC concluded that the Enterprise Agreement met the statutory requirements for approval. The FWC found that the agreement provided for minimum terms and conditions of employment and had been fairly negotiated, as evidenced by the union's compliance with its internal rules and the employer's willingness to negotiate. The FWC further determined that the agreement was in the public interest, as it provided for a fair and reasonable set of terms and conditions for employees. Consequently, the FWC approved the Dexion (Commercial) Australia Pty Limited Enterprise Agreement 2013.

The FWC approved the Enterprise Agreement, affirming that it met the necessary statutory criteria for approval under the Fair Work Act 2009. The agreement was deemed to provide for minimum terms and conditions of employment and had been fairly negotiated. The FWC also found that the agreement was in the public interest, leading to its approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established