Don Watson Proprietary Limited Summary

[2024] FWCA 2561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Don Watson Proprietary Limited

(AG2024/2096)

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2024

Application for approval of the Don Watson Long Distance Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Don Watson Long Distance Enterprise Agreement 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 does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Regulations is 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

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ANNEXURE A

CaseChat Overview and Summary

Don Watson Proprietary Limited lodged an application for the approval of the Don Watson Long Distance Enterprise Agreement 2024 under section 185 of the Fair Work Act 2009. The application was heard by Commissioner Wilson of the Fair Work Commission, who was tasked with determining whether the agreement met the necessary criteria for approval. The agreement in question was a single enterprise agreement covering the road transport industry.

The primary legal issues that the Commissioner had to address were whether the agreement complied with the requirements set forth in sections 186, 187, and 188 of the Act, and whether the inclusion of an amended signature page was permissible under section 586(a) of the Act. Additionally, the Commissioner needed to verify if the agreement included a model flexibility term compliant with the Act, and if not, whether the prescribed term under section 202(4) of the Act could be incorporated. Commissioner Wilson also had to consider the written undertakings provided by the Applicant to ensure they did not cause financial detriment to employees or result in substantial changes to the agreement.

In his decision, Commissioner Wilson allowed the amendment of the agreement to include the amended signature page, finding it appropriate under the circumstances. He was satisfied that the written undertakings provided by the Applicant would not cause financial detriment to any employee or result in substantial changes to the agreement. The Commissioner concluded that all relevant requirements of the Act had been met, except for the inclusion of a model flexibility term. Pursuant to section 202(4) of the Act, the prescribed flexibility term was taken to be a term of the agreement. The agreement was approved, effective from the date of the decision until 29 July 2028.

The final orders of the Commission were that the Don Watson Long Distance Enterprise Agreement 2024 be approved as a single enterprise agreement, with the amended signature page and the prescribed flexibility term incorporated. The agreement will operate in accordance with the provisions of the Fair Work Act 2009.

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