DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doboy Cold Stores Pty Ltd T/A Doboy Cold Stores
(AG2017/2865)

DOBOY COLD STORES’ ENTERPRISE AGREEMENT - 2017

Road transport industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 OCTOBER 2017

Application for approval of the Doboy Cold Stores’ Enterprise Agreement - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Doboy Cold Stores’ 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 Doboy Cold Stores Pty Ltd T/A Doboy Cold Stores. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 23 October 2017 and, in accordance with s.54, will operate from 30 October 2017. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Doboy Cold Stores Pty Ltd, trading as Doboy Cold Stores, brought an application before the Fair Work Commission for the approval of the Doboy Cold Stores’ Enterprise Agreement - 2017. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The applicant contended that the agreement contained provisions that were fair and reasonable and that the process through which it was negotiated was appropriate. The respondents, who were employees represented by the Transport Workers Union, argued that certain provisions of the agreement were not fair and reasonable and that the process through which it was negotiated was not appropriate.

The central legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing the fairness and reasonableness of the agreement's provisions, as well as determining whether the negotiation process complied with the relevant provisions of the Act. The Commission considered the principles of procedural and substantive fairness, and the requirement that the agreement be made in good faith. The Commission also examined the parties' bargaining positions, the bargaining history, and the content of the agreement, particularly the provisions that were contested by the respondents.

In its decision, the Commission found that the agreement was fair and reasonable and that the negotiation process was appropriate. The Commission considered that the parties had engaged in good faith bargaining and that the agreement reflected the parties' respective positions and interests. The Commission also noted that the contested provisions were consistent with industry standards and practices. Having regard to these factors, the Commission approved the agreement as a registered agreement under the Fair Work Act 2009.

The Commission ordered that the Doboy Cold Stores’ Enterprise Agreement - 2017 be registered as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement was to apply to the employees of Doboy Cold Stores who were covered by the agreement and who were not excluded from its provisions. The respondents were directed to take all necessary steps to give effect to the agreement, including providing a copy of the agreement to each employee to whom it applied. The applicant was also directed to provide a copy of the agreement to the Commission within a specified period.

Doboy Cold Stores Pty Ltd T/A Doboy Cold Stores

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established