Dominion Global Pty Limited as Trustee for Dominion Global Unit Trust
[2025] FWCA 2
•2 JANUARY 2025
| [2025] FWCA 2 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Dominion Global Pty Limited as Trustee for Dominion Global Unit Trust
(AG2024/4494)
DOMINION GLOBAL PTY LIMITED / EMPLOYEE – NATIONAL (EXCLUDING THE STATE OF VICTORIA) - ENTERPRISE BARGAINING AGREEMENT, 2024-2027
| Industries not otherwise assigned | |
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 2 JANUARY 2025 |
Application for approval of the Dominion Global Pty Limited / Employee – National (excluding the State of Victoria) - Enterprise Bargaining Agreement, 2024-2027
An application has been made for approval of an enterprise agreement known as the Dominion Global Pty Limited/Employee – National (excluding the State of Victoria) - Enterprise Bargaining Agreement, 2024-2027 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dominion Global Pty Limited as Trustee for Dominion Global Unit Trust (the Applicant). The Agreement is a single enterprise agreement.
Following the filing of the application I raised a number of concerns with the Applicant and invited the Applicant to provide a written response. Amongst those concerns it was noted that it appeared from the supporting material that employees were provided with the details of the proposed ballot in relation to the approval of the Agreement on 28 October 2024 and that the vote to approve the Agreement occurred on 1 November 2024. This is less than the period of at least 7 full calendar days referred to in paragraph 16(a) of the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 (Statement of Principles).
Section 188(1) of the Act requires me to take into account the Statement of Principles in determining whether I am satisfied that the Agreement has been genuinely agreed to by the employees covered by it. The Applicant submitted that notwithstanding the failure to provide the full details of the ballot within the 7-calendar day period, I could be satisfied that the employees had genuinely agreed to the Agreement. They said, and I accept, that the employees had first been told that the ballot would take place on 1 November 2024, on 9 October 2024. They said that the balloting process had been similar to the process used for previous agreements and that employees were familiar with the process and not adversely affected. The Applicant pointed out that there was a high level of engagement with the ballot process with 43 out of 45 employees casting a vote. In the circumstances, particularly having regard to the high participation rate in the ballot, I am satisfied that the employees had a reasonable opportunity to vote on the proposed agreement and that the Agreement has been genuinely agreed to by the employees.
I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.
I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met.
I note that Clause 7.2 of the Agreement provides that the agreement is to be read and interpreted in conjunction with the National Employment Standards (NES). The NES applies to employees covered by the agreement, except where the agreement provides a more favourable outcome.
The Agreement does not provide for a delegates’ rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 36A, Workplace delegates’ rights, in the Building and Construction General On-Site Award 2020 is to be taken to be a term of the Agreement.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.
DEPUTY PRESIDENT
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Annexure A
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