DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DOF Management Australia Pty Ltd
(AG2016/7825)

DOF MANAGEMENT AUSTRALIA PTY LTD GOVERNMENT SERVICES & SECURITY FLEET AGREEMENT 2016

Maritime industry
COMMISSIONER WILSON	MELBOURNE, 29 MARCH 2017

Application for approval of the DOF Management Australia Pty Ltd Government Services & Security Fleet Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the DOF Management Australia Pty Ltd Government Services & Security Fleet Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DOF Management Australia Pty Ltd. 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, 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 Maritime Union of Australia, Australian Institute of Marine and Power Engineers and Australian Maritime Officers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2017. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, DOF Management Australia Pty Ltd, sought approval of the DOF Management Australia Pty Ltd Government Services & Security Fleet Agreement 2016 from the Federal Circuit Court. The agreement, intended to regulate the employment terms and conditions of employees within the government services and security fleet sector, was the subject of a dispute involving the applicants and the relevant union. The union's objection to the agreement necessitated the court's intervention to determine its validity and enforceability.

The central legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to ascertain whether the agreement was genuinely a "enterprise agreement" within the statutory definition, and if it was appropriately negotiated and covered the appropriate bargaining unit. Furthermore, the court had to consider the union's objections and whether these objections were valid and warranted rejection of the agreement.

In examining the dispute, the court assessed the evidence presented by both parties and evaluated the agreement's compliance with the legislative framework. The court found that the agreement was genuinely an enterprise agreement and was appropriately negotiated. It covered the correct bargaining unit and contained no provisions that were contrary to public policy or contravened any other provisions of the Fair Work Act. The union's objections were found to be without merit, and the court approved the agreement. Consequently, the application for approval was successful.

The court ordered that the DOF Management Australia Pty Ltd Government Services & Security Fleet Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. This decision provided certainty to the parties involved and established a precedent for similar agreements in the sector.

DOF Management Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established