[2018] FWCA 6364

The attached document replaces the document previously issued with the above code on 15 October 2018.

The decision has been amended by correcting typographical errors in the title.

Member Assist for Commissioner Lee

Dated: 16 October 2018.

[2018] FWCA 6364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DJ & TE Dickenson Pty Ltd T/A Daryl Dickenson Transport
(AG2018/1682)

DJ & TE DICKENSON PTY LTD T/AS DARYL DICKENSON TRANSPORT ENTERPRISE AGREEMENT 2017

Road transport industry
COMMISSIONER LEE	MELBOURNE, 15 OCTOBER 2018

Application for approval of the DJ & TE Dickenson Pty Ltd T/As Daryl Dickenson Transport Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the DJ & TE Dickenson Pty Ltd T/As Daryl Dickenson Transport Enterprise Agreement 2017 (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 T/A Daryl Dickenson Transport. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2018. The nominal expiry date of the Agreement is 14 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Court involved DJ & TE Dickenson Pty Ltd, trading as Daryl Dickenson Transport, and its employees. The dispute centred on the application for the approval of the Enterprise Agreement 2017, which was to govern the terms and conditions of employment for the workers. The applicants sought to have the agreement registered with the Fair Work Commission, ensuring its enforceability and legal standing.

The primary legal issues before the Court were whether the Enterprise Agreement complied with the statutory requirements of the Fair Work Act 2009, including the procedural fairness and the substantive fairness of the agreement. The Court had to determine if the agreement was made in good faith, if it was properly certified by an independent certifier, and if it met the minimum standards set by the Fair Work Act.

In its reasoning, the Court first examined the procedural fairness of the agreement, confirming that the necessary consultation processes were followed and that the agreement was certified by an independent certifier as meeting the procedural requirements. The Court then turned to the substantive fairness, assessing whether the terms of the agreement provided for minimum entitlements and whether they were not less favourable than the applicable awards or the general industrial conditions. The Court found that the agreement was made in good faith and that it met all the statutory requirements. Consequently, the Court approved the Enterprise Agreement 2017, making it legally binding on the parties.

The final orders of the Court included the approval of the DJ & TE Dickenson Pty Ltd T/As Daryl Dickenson Transport Enterprise Agreement 2017, which was to be registered with the Fair Work Commission. This registration ensured that the agreement would govern the employment terms and conditions of the employees, providing a clear and legally binding framework for the relationship between the employer and the employees.

DJ & TE Dickenson Pty Ltd T/A Daryl Dickenson Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established