Donaldson Australasia Pty Ltd

[2016] FWCA 1263

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Donaldson Australasia Pty Ltd

(AG2016/274)

DONALDSON AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT

2016

Manufacturing and associated industries

COMMISSIONER ROE

MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Donaldson Australasia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Donaldson Australasia Pty Ltd Enterprise Agreement 2016 (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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”

known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of

Workers being bargaining representatives for the Agreement, have given notice under s.183

of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that

the Agreement covers the organisations.
[2016] FWCA 1263

[5] The Agreement was approved on 29 February 2016 and, in accordance with s.54, will

operate from 7 March 2016. The nominal expiry date of the Agreement is 28 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Donaldson Australasia Pty Ltd applied for the approval of the Donaldson Australasia Pty Ltd Enterprise Agreement 2016 (the Agreement) under section 185 of the Fair Work Act 2009. The Agreement was a single enterprise agreement, made by the employer. The application was for the approval of the Agreement by the Fair Work Commission.

The legal issues that the Commissioner had to decide were whether the requirements of sections 186, 187 and 188 of the Fair Work Act 2009 had been met. The Commissioner also had to determine if the group of employees covered by the Agreement were fairly chosen. Furthermore, the Commissioner had to consider whether the model consultation term prescribed by the Fair Work Regulations 2009 should be a term of the Agreement. Additionally, the Commissioner had to decide if the Agreement covered the Australian Manufacturing Workers’ Union and the National Union of Workers, who were bargaining representatives for the Agreement.

The Commissioner was satisfied that all the requirements of sections 186, 187 and 188 of the Fair Work Act 2009 were met. The Commissioner found that the group of employees covered by the Agreement was fairly chosen. The model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The Agreement covered the Australian Manufacturing Workers’ Union and the National Union of Workers. The Agreement was approved and will operate from 7 March 2016, with a nominal expiry date of 28 February 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established