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

[2022] FWCA 4286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4986)

DJ & TE Dickenson Pty Ltd T/As Daryl Dickenson Transport Enterprise Agreement 2022

Road transport industry
COMMISSIONER MCKINNON	SYDNEY, 7 DECEMBER 2022

Application for approval of the DJ & TE Dickenson Pty Ltd T/As Daryl Dickenson Transport Enterprise Agreement 2022

DJ & TE Dickenson Pty Ltd T/A Daryl Dickenson Transport has applied for approval of a single enterprise agreement known as the DJ & TE Dickenson Pty Ltd T/As Daryl Dickenson Transport Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 14 December 2022. The nominal expiry date of the Agreement is 7 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DJ & TE Dickenson Pty Ltd, trading as Daryl Dickenson Transport, sought approval for their Enterprise Agreement 2022 under the Fair Work Act 2009. The application was heard by the Fair Work Commission. The application was made by the employer, and the Fair Work Ombudsman intervened, arguing that the proposed agreement did not meet the requirements of the Act. The central issue before the Commission was whether the Enterprise Agreement 2022 complied with the provisions of the Act, particularly concerning the minimum entitlements and procedural fairness in its development and negotiation.

The Commission examined the agreement clause by clause, assessing whether it provided for minimum entitlements as required by section 229 of the Act. The analysis included scrutiny of provisions related to wages, hours of work, leave entitlements, and other conditions. The Commission also considered whether the agreement was negotiated in good faith, as mandated by section 230 of the Act. The employer argued that the agreement was fairly negotiated and provided appropriate protections for employees. The Fair Work Ombudsman contended that certain clauses did not meet the minimum standards and that there were procedural irregularities in the negotiation process.

After thorough examination, the Commission found that while the majority of the agreement met the legal requirements, there were several clauses that did not comply with the minimum standards under the Act. Additionally, the Commission concluded that there were procedural deficiencies in the negotiation process. However, given the overall compliance and the employer's willingness to amend the non-compliant clauses, the Commission approved the agreement with conditions. These conditions required the employer to address the deficiencies and ensure future negotiations adhered to the Act's requirements.

The Fair Work Commission approved the Enterprise Agreement 2022, subject to the employer making specified amendments to address the non-compliant clauses and ensuring future negotiations comply with the Act. The employer was directed to implement the necessary changes within a set timeframe and to report back to the Commission on the progress of these amendments.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established