DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Donaldson Australasia Pty Ltd
(AG2017/5380)

DONALDSON AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 11 DECEMBER 2017

Application for approval of the Donaldson Australasia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Donaldson Australasia Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Donaldson Australasia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement lodged contained an error in the index. On 8 November 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2017. The nominal expiry date of the Agreement is 18 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Donaldson Australasia Pty Ltd applied to the Fair Work Commission for approval of the Donaldson Australasia Pty Ltd Enterprise Agreement 2017, which had been negotiated with the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the fairness and reasonableness of the terms of the agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the statutory criteria for approval.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms, whether it complied with the requirements of the Fair Work Act, and whether it adhered to the principles of good faith bargaining. The Commission had to consider the balance of rights and obligations between the employer and the employees, as well as the implications for the broader industrial relations system. The Commission also examined whether the agreement appropriately addressed issues such as wages, conditions, and dispute resolution mechanisms.

The Commission found that the agreement was fair and reasonable, met the statutory criteria, and adhered to the principles of good faith bargaining. It determined that the agreement provided for appropriate terms and conditions that were reflective of the needs of both the employer and the employees. The Commission noted that the agreement included provisions for wage increases, improved conditions, and a structured dispute resolution process. The Commission was satisfied that the agreement would not have an adverse effect on the broader industrial relations system and was in the best interests of the parties involved.

The Commission approved the Donaldson Australasia Pty Ltd Enterprise Agreement 2017, setting out the terms and conditions of employment for the employees of Donaldson Australasia Pty Ltd. The approval was effective from the date of the decision, and the agreement became a legally binding contract between the parties.

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