Dodd Structural Pty Ltd

[2023] FWCA 2640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dodd Structural Pty Ltd

(AG2023/2659)

DODD STRUCTURAL PTY LTD ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 21 AUGUST 2023

Application for approval of the Dodd Structural Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Dodd Structural Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dodd Structural Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 21 June 2023 and the Agreement was made on 25 July 2023. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2023. The nominal expiry date of the Agreement is 21 August 2027.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dodd Structural Pty Ltd, a company engaged in the construction industry, sought approval of the Dodd Structural Pty Ltd Enterprise Agreement 2023. The matter was brought before the Fair Work Commission (FWC) by the company. The dispute centred around whether the proposed enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009 (Cth). The agreement proposed changes to the terms and conditions of employment for the company's workers, including provisions related to wages, working hours, and other employment-related matters.

The legal issues before the FWC were whether the proposed enterprise agreement met the requirements of the Fair Work Act, including whether it was made in good faith, covered a class of employees, and provided for a proper process for resolving disputes. Additionally, the FWC needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, leave entitlements, and other employment standards. The company argued that the proposed agreement was fair and reasonable and provided for a better outcome for the employees, while the employees' representative argued that the agreement did not adequately address their concerns.

The FWC found that the proposed agreement met the requirements of the Fair Work Act and was made in good faith. The FWC considered that the agreement covered a class of employees and provided for a proper process for resolving disputes. The FWC also found that the proposed agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, leave entitlements, and other employment standards. The FWC approved the proposed agreement, subject to certain modifications to address the employees' representative's concerns.

The FWC approved the Dodd Structural Pty Ltd Enterprise Agreement 2023, subject to certain modifications. The modifications related to the agreement's provisions on shift allowances, penalty rates, and the process for resolving disputes. The FWC considered that the modifications were necessary to ensure that the agreement provided for fair and reasonable terms and conditions of employment. The company and the employees' representative were required to implement the modified agreement and take steps to ensure that it was properly communicated to the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established