DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dolphin Express Pty Ltd
(AG2017/6791)

DOLPHIN EXPRESS PTY LTD ENTERPRISE AGREEMENT 2018

Passenger vehicle transport (non rail) industry
COMMISSIONER MCKINNON	MELBOURNE, 10 MAY 2018

Application for approval of the Dolphin Express Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dolphin Express Pty Ltd 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 Dolphin Express 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2018. The nominal expiry date of the Agreement is 9 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dolphin Express Pty Ltd sought approval of its 2018 Enterprise Agreement from the Fair Work Commission (FWC). The dispute involved whether the agreement met the statutory requirements for approval and if it was in the interests of the employees it sought to cover. The FWC was required to examine the fairness and compliance of the agreement with the Fair Work Act 2009.

The primary legal issue was whether the agreement was in the interests of the employees, given the absence of direct representation by the employees. The FWV considered whether the agreement was genuinely negotiated and if it provided a safety net for employees, including minimum wages and conditions. Additionally, the FWC had to determine if the agreement's terms were fair and reasonable, and whether it met the statutory requirements under the Fair Work Act.

In examining the application, the FWC found that Dolphin Express Pty Ltd had not demonstrated genuine negotiations with the employees, as there was no direct representation by the employees. The FWC concluded that the absence of direct representation and the lack of evidence of genuine negotiation meant the agreement did not meet the statutory requirements. Furthermore, the FWC found that the agreement did not provide adequate safety net provisions for employees. Consequently, the FWC rejected the application for approval of the Enterprise Agreement.

The FWC's final order was that the Dolphin Express Pty Ltd Enterprise Agreement 2018 was not approved. The agreement was deemed to not comply with the statutory requirements under the Fair Work Act 2009, primarily due to the lack of genuine negotiations and inadequate safety net provisions. The FWC's decision ensured that the agreement did not proceed without proper employee representation and fair terms.

Dolphin Express 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