DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Donaldson Australasia Pty Ltd
(AG2021/4588)

DONALDSON AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 APRIL 2021

Application for approval of the Donaldson Australasia Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Donaldson Australasia Pty Ltd Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Donaldson Australasia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 21 April 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

United Workers’ Union (UWU); and

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

[4] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2021. The nominal expiry date of the Agreement is 18 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Donaldson Australasia Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The agreement was proposed between the company and its employees, and it included provisions regarding wages, working conditions, and dispute resolution mechanisms. The application for approval was brought before the Fair Work Commission, which needed to determine whether the agreement met the statutory requirements and if it was in the best interests of the employees.

The primary legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act 2009 and if it provided fair and reasonable terms for the employees. Specifically, the court had to assess if the agreement covered all mandatory bargaining items, if it was made in good faith, and if it promoted harmonious, productive, and cooperative workplace relations.

The Fair Work Commission found that the agreement complied with the statutory requirements and was in the best interests of the employees. The court examined the process through which the agreement was negotiated, including evidence of good faith bargaining and the extent to which the parties had considered the employees' needs and interests. The court concluded that the agreement provided fair and reasonable terms, including adequate wage increases, reasonable working conditions, and effective dispute resolution mechanisms. Therefore, the court approved the enterprise agreement.

Donaldson Australasia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established