Don Watson Proprietary Limited Summary

[2024] FWCA 2567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Don Watson Proprietary Limited

(AG2024/2080)

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2024

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

An application has been made for approval of an enterprise agreement known as the Don Watson Enterprise Agreement (NSW) 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 Applicant has provided written undertakings, at 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

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ANNEXURE A

CaseChat Overview and Summary

Don Watson Proprietary Limited, an applicant in the Fair Work Commission, sought approval of the Don Watson Enterprise Agreement (NSW) 2024 under section 185 of the Fair Work Act 2009. The agreement in question is a single enterprise agreement, and the applicant provided written undertakings as part of the application process. These undertakings were aimed at ensuring that the agreement would not result in financial detriment to any employees or substantial changes to the agreement.

The legal issues before the court revolved around whether the agreement met the requirements set out in sections 186, 187, and 188 of the Act. These sections pertain to the approval process for enterprise agreements and include criteria such as ensuring that the agreement does not undermine the safety of employees or compromise their minimum entitlements. The court was also tasked with determining whether the applicant's written undertakings would prevent any financial detriment to employees and avoid substantial changes to the agreement.

Commissioner Wilson determined that the applicant's written undertakings satisfied the requirements of the Act. The undertakings were deemed to prevent financial detriment to employees and to avoid substantial changes to the agreement. The Commissioner found that all relevant requirements for approval under sections 186, 187, and 188 of the Act were met, subject to the conditions stipulated in the undertakings. Consequently, the Agreement was approved and will operate until its nominal expiry date of 29 July 2028.

The final orders were that the Don Watson Enterprise Agreement (NSW) 2024 was approved and would be in effect until 29 July 2028. The written undertakings provided by the applicant were incorporated into the terms of the agreement.

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