Don Watson Proprietary Limited Summary

[2024] FWCA 2575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Don Watson Proprietary Limited

(AG2024/2079)

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2024

Application for approval of the Don Watson Enterprise Agreement (QLD and National) 2024

An application has been made for approval of an enterprise agreement known as the Don Watson Enterprise Agreement (QLD and National) 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. 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 24 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission considered an application for the approval of the Don Watson Enterprise Agreement (QLD and National) 2024, submitted by Don Watson Proprietary Limited under Section 185 of the Fair Work Act 2009. The application pertains to a single enterprise agreement in the road transport industry, seeking formal approval for the terms and conditions set out in the agreement. The primary issue before the Commissioner was whether the agreement met the statutory requirements for approval, particularly given that the initial submission did not comply with Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was subsequently filed, which satisfied the regulatory requirements.

The legal issues revolved around the procedural compliance with the Fair Work Regulations and the substantive requirements under the Fair Work Act for the approval of the agreement. The Commissioner had to determine if the amendment to the agreement, specifically the inclusion of the amended signature page, was permissible and if the written undertakings provided by the applicant would ensure no financial detriment to employees and no substantial changes to the agreement. The Commissioner needed to ensure that the agreement adhered to sections 186, 187, and 188 of the Fair Work Act and that the undertakings provided would become a term of the agreement.

After reviewing the submissions and considering the evidence presented, the Commissioner determined that the amendment to the agreement was appropriate, given the circumstances. The Commissioner was satisfied that the written undertakings provided by the applicant would not result in financial detriment to employees nor would they lead to substantial changes to the agreement. Consequently, the Commissioner approved the amended agreement and confirmed that it would operate in accordance with the Fair Work Act, with the nominal expiry date set as 24 July 2024. The Commissioner took the written undertakings to be a term of the agreement, ensuring compliance with all relevant statutory provisions.

Don Watson Proprietary Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established