Dgh Engineering Pty Ltd T/A Dgh Engineering Summary

[2024] FWCA 1501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dgh Engineering Pty Ltd T/A Dgh Engineering

(AG2024/988)

DGH ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 APRIL 2024

Application for approval of the DGH Engineering Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement to be known as the DGH Engineering Pty Ltd Enterprise Agreement 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dgh Engineering Pty Ltd T/A Dgh Engineering (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 18 April 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020, the Clerks – Private Sector Award 2020, and the Educational Services (Post-Secondary Education) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2024. The nominal expiry date of the Agreement is 23 April 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Dgh Engineering Pty Ltd and its employees, submitted to the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, seeking approval of the DGH Engineering Pty Ltd Enterprise Agreement 2023. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, including issues such as wages, working hours, leave entitlements, and dispute resolution mechanisms.

The legal issues that the Commission was required to decide included whether the agreement complied with the requirements of the Fair Work Act, particularly sections that mandate the inclusion of certain minimum terms and conditions. The Commission also needed to consider if the agreement was made in accordance with the relevant provisions of the Act, ensuring it was not contrary to public policy and that it provided for the protection of employees' rights. Furthermore, the Commission assessed whether the agreement had been fairly negotiated and if it provided a safety net for employees.

The Fair Work Commission, after thorough consideration of the evidence and arguments presented, determined that the DGH Engineering Pty Ltd Enterprise Agreement 2023 met the statutory requirements. The Commission found that the agreement contained all the prescribed minimum terms and conditions, provided for adequate employee protections, and was not contrary to public policy. The agreement was also deemed to have been fairly negotiated. Consequently, the Commission approved the agreement, acknowledging its compliance with the Fair Work Act.

The final orders of the Commission included the approval of the DGH Engineering Pty Ltd Enterprise Agreement 2023, effective from the date of the decision. This decision sets a precedent for the terms and conditions of employment between Dgh Engineering Pty Ltd and its employees, ensuring that the agreement provides a fair and lawful framework for their working relationship.

Dgh Engineering Pty Ltd T/A Dgh Engineering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established