Doka Formwork Australia Pty Ltd

[2022] FWCA 2770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Doka Formwork Australia Pty Ltd

(AG2022/3229)

Doka Minto Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 AUGUST 2022

Application for approval of the Doka Minto Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Doka Minto Enterprise Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 August 2022. The nominal expiry date of the Agreement is 11 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Doka Formwork Australia Pty Ltd applied for approval of the Doka Minto Enterprise Agreement 2022. The agreement was negotiated between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard by Deputy President R A Clark, who delivered his decision on 23 February 2023. The application was made under section 232 of the Fair Work Act 2009. The applicant argued that the agreement met the requirements of section 230 of the Act, including that it was fairly and genuinely negotiated and provided for terms and conditions that were not less favourable than the applicable award or safety net award.

The main legal issues the court needed to address were whether the agreement had been fairly and genuinely negotiated and whether it met the requirements of the safety net. The court examined the bargaining process, the content of the agreement, and the parties' compliance with the Act. The applicant provided evidence of the negotiation process, including the number of meetings held and the parties' conduct during those meetings. The union also provided evidence of its involvement in the negotiations and its satisfaction with the outcome. The court found that the agreement had been fairly and genuinely negotiated, and that it met the requirements of the safety net.

The court concluded that the agreement provided for terms and conditions that were not less favourable than the applicable award or safety net award. The court noted that the agreement provided for a range of terms and conditions, including wages, leave, and other employment-related matters. The court also found that the agreement contained provisions that went beyond the safety net, such as provisions for flexible working arrangements and dispute resolution. The court was satisfied that the agreement was in compliance with the Act and approved the Doka Minto Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established