DME Engineering Services (Australia) Pty Ltd Summary

[2021] FWCA 6055

FAIR WORK COMMISSION

DECISION

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

DME Engineering Services (Australia) Pty Ltd
(AG2021/6897)

D.M.E. ENGINEERING SERVICES (AUSTRALIA) PTY LTD - TUMUT PULP AND PAPER MILL MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 29 SEPTEMBER 2021

Application for approval of the D.M.E Engineering Services (Australia) Pty Ltd - Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the D.M.E Engineering Services (Australia) Pty Ltd - Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DME Engineering Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached in Annexures A to D. 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. The undertakings are taken to be a term of 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 “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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of approval. The nominal expiry date of the Agreement is 6 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves DME Engineering Services (Australia) Pty Ltd, which sought approval of an enterprise agreement with its employees at the Tumut Pulp and Paper Mill. The application was heard by the Fair Work Commission (FWC) and concerns the terms and conditions of employment under the proposed agreement. The dispute centred on whether the enterprise agreement met the requirements of the Fair Work Act 2009 and if it complied with the provisions that govern enterprise agreements. The FWC had to determine if the agreement was fairly negotiated, if it contained the mandated minimum terms and conditions, and if it adhered to the procedural requirements for approval.

The primary legal issues the FWC addressed were the negotiation process of the agreement, the compliance of the agreement with the Fair Work Act, and whether the agreement was in the best interests of the employees. The FWC examined the evidence presented regarding the negotiation process to ensure that it was conducted in good faith and involved genuine bargaining. Additionally, the FWC assessed if the agreement contained all the mandated minimum terms and conditions set out in the Fair Work Act, and if it met the procedural requirements for approval, such as the application for registration and the timeliness of the submission.

In its decision, the FWC found that the enterprise agreement was fairly negotiated and contained all the required minimum terms and conditions. The FWC was satisfied with the evidence provided, which demonstrated a genuine and good faith negotiation process. The Commission also confirmed that the agreement met the statutory requirements under the Fair Work Act and was in the best interests of the employees. Consequently, the FWC approved the D.M.E Engineering Services (Australia) Pty Ltd - Tumut Pulp and Paper Mill Maintenance Employees Enterprise Agreement 2021, thereby resolving the dispute in favour of the applicant.

The final orders of the FWC were that the enterprise agreement be registered under the Fair Work Act, effective from the date of the decision. The FWC's approval ensures that the terms and conditions of employment for the employees at the Tumut Pulp and Paper Mill are governed by the agreed-upon enterprise agreement, providing clarity and certainty for both the employer and employees moving forward.

DME Engineering Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established