Don Watson Proprietary Limited

[2024] FWCA 2764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Don Watson Proprietary Limited

(AG2024/2078)

DON WATSON ENTERPRISE AGREEMENT (VIC) 2024.

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2024

Application for approval of the Don Watson Enterprise Agreement (VIC) 2024

An application has been made for approval of an enterprise agreement known as the Don Watson Enterprise Agreement (VIC) 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Don Watson Proprietary Limited (the Applicant). The Agreement is a single enterprise agreement.

The copy of the Agreement filed with the application for approval did not meet the requirements of Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). An amended signature page was later filed that met the requirements of the Regulations. I consider it appropriate in the circumstances to allow the amendment of the Agreement to include the amended signature page pursuant to s.586(a) of the Act.

The Applicant has provided written undertakings, see Annexure A below. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are 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 29 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Don Watson Proprietary Limited applied to the Fair Work Commission for approval of the Don Watson Enterprise Agreement (VIC) 2024. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees of Don Watson Proprietary Limited, as outlined in the proposed agreement.

The primary legal issue before the Fair Work Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. This included assessing whether the agreement was a "better off overall test" agreement, meaning that it provided employees with benefits that were at least as good as those under the relevant awards or previous agreements. The Commission also had to consider whether the agreement was made in good faith and if it complied with the provisions of the Act, including provisions on minimum wages, leave entitlements, and dispute resolution mechanisms.

In reaching its decision, the Fair Work Commission examined the proposed agreement in detail. It found that the agreement provided employees with a range of benefits that met the better off overall test. The Commission also determined that the agreement was made in good faith and complied with all relevant provisions of the Fair Work Act. After considering the submissions from both parties and the relevant legal framework, the Commission approved the Don Watson Enterprise Agreement (VIC) 2024, finding it to be fair and reasonable.

The Fair Work Commission's decision was that the Don Watson Enterprise Agreement (VIC) 2024 be approved. The Commission's approval ensures that the agreement will provide a framework for the terms and conditions of employment for employees of Don Watson Proprietary Limited, subject to the provisions of the Fair Work Act. This decision resolves the dispute regarding the proposed agreement and sets the terms under which the employees will operate for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established