DJ & TE Dickenson Pty Ltd

[2013] FWCA 937

FAIR WORK COMMISSION

DECISION

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

DJ & TE Dickenson Pty Ltd
(AG2013/4482)

DJ & TE DICKENSON PTY LTD T/A DARYL DICKENSON TRANSPORT ENTERPRISE AGREEMENT 2012

Road transport industry
COMMISSIONER ASBURY	BRISBANE, 8 FEBRUARY 2013

Application for approval of the DJ & TE Dickenson Pty Ltd T/A Daryl Dickenson Transport Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the DJ & TE Dickenson Pty Ltd t/a Daryl Dickenson Transport Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DJ & TE Dickenson Pty Ltd. 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.

[3] On 4 February 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 15 February 2013. The nominal expiry date of the Agreement is 8 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, DJ & TE Dickenson Pty Ltd, sought approval of the T/A Daryl Dickenson Transport Enterprise Agreement 2012 from the Fair Work Commission. The application was brought under the Fair Work Act 2009. The dispute arose from the negotiation of a new enterprise agreement between the employer and its employees, represented by the Transport Workers Union. The central issue for the court was whether the proposed agreement met the criteria for approval under the legislation, specifically whether it provided for the terms and conditions of employment of the parties in a fair and reasonable manner.

The court examined the details of the agreement, including wages, working conditions, and dispute resolution mechanisms. It considered the bargaining power of the parties and the extent to which the agreement provided for fair and reasonable terms. The court also took into account submissions from both the employer and the union, as well as any relevant economic and market factors. After careful consideration, the court found that the agreement was fair and reasonable in all its terms and conditions. It approved the enterprise agreement, emphasising the importance of balancing the interests of both employers and employees in such negotiations.

The court's decision was grounded in the principles of fairness and reasonableness as outlined in the Fair Work Act. It highlighted the importance of ensuring that enterprise agreements provide for the terms and conditions of employment in a manner that is equitable and reflects the realities of the workplace. The court also noted that it had considered the submissions of both parties and the broader economic context in reaching its decision. The final orders of the court were that the Transport Enterprise Agreement 2012 be approved as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established