DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doka Formwork Australia Pty Ltd
(AG2019/528)

DOKA MINTO ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 5 JUNE 2019

Application for approval of the Doka Minto Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Doka Minto Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Doka Formwork Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2019. The nominal expiry date of the Agreement is 11 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Doka Formwork Australia Pty Ltd applied for the approval of the Doka Minto Enterprise Agreement 2018. The dispute was heard by the Fair Work Commission, specifically Commissioner S. J. McCabe. The core issue was whether the agreement was in the best interests of the employees it covered, particularly in terms of its provisions concerning penalty rates.

The court considered whether the agreement provided fair and reasonable terms for employees, including whether it adequately addressed the shift from penalty rates to ordinary rates for certain work hours. It also evaluated whether the agreement was negotiated in good faith and whether it provided for adequate consultation between the employer and employees. The court emphasised the importance of ensuring that employees were not worse off under the new agreement compared to their previous conditions.

The court found that the agreement was in the best interests of the employees, as it provided fair and reasonable terms, was negotiated in good faith, and included provisions for consultation. The agreement was approved, with the court highlighting that it balanced the interests of both the employer and the employees. The final order was the approval of the Doka Minto Enterprise Agreement 2018.

Doka Formwork 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