Donaldson Australasia Pty Ltd

[2013] FWCA 1331

FAIR WORK COMMISSION

DECISION

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

Donaldson Australasia Pty Ltd
(AG2013/5144)

DONALDSON AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 6 MARCH 2013

Application for approval of the Donaldson Australasia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Donaldson Australasia Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Donaldson Australasia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 March 2013. The nominal expiry date is three (3) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Donaldson Australasia Pty Ltd was before the Fair Work Commission in relation to an application for the approval of the Donaldson Australasia Pty Ltd Enterprise Agreement 2013. The application was made by the employer, Donaldson Australasia Pty Ltd, seeking the Commission's approval of the agreement that had been negotiated with the employees' representative, the Australian Manufacturing Workers' Union. The dispute centred around the terms and conditions of employment set out in the proposed agreement and whether they complied with the relevant statutory requirements.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically sections 232 and 233, which mandate that an enterprise agreement must be in writing, provide for a process for resolving disputes, and not provide for payments or conditions that are less favourable than the applicable award or safety net. The Commission had to determine whether the agreement met these criteria and if it appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the Commission considered the provisions of the proposed agreement in detail, examining each clause to ensure compliance with the statutory requirements. The Commission found that the agreement did, in fact, comply with the necessary provisions of the Fair Work Act, as it was in writing and included a dispute resolution process. Furthermore, the Commission concluded that the agreement did not provide for less favourable terms and conditions than the applicable award or safety net. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for a fair and reasonable outcome for both parties. Consequently, the Commission approved the Donaldson Australasia Pty Ltd Enterprise Agreement 2013.

As a result of the Commission's decision, the Donaldson Australasia Pty Ltd Enterprise Agreement 2013 was approved and became a legally binding contract between the employer and the employees. The agreement was to be in effect from the date of the Commission's approval and would govern the terms and conditions of employment for the employees represented by the Australian Manufacturing Workers' Union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established