Donaldson Australasia Pty Ltd Summary

[2024] FWCA 1696

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Donaldson Australasia Pty Ltd

(AG2024/1463)

DONALDSON AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2023-2026

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 8 MAY 2024

Application for approval of the Donaldson Australasia Pty Ltd Enterprise Agreement 2023-2026.

An application has been made for approval of an enterprise agreement known as the Donaldson Australasia Pty Ltd Enterprise Agreement 2023-2026 (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.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the United Workers’ Union, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2024. The nominal expiry date of the Agreement is 18 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Donaldson Australasia Pty Ltd, sought approval of their proposed enterprise agreement with their employees for the period 2023-2026. The application was brought before the Fair Work Commission. The dispute centred around the fairness and compliance of the proposed agreement with the relevant legislative framework, specifically the Fair Work Act 2009. The employees, represented by a union, argued that certain provisions of the agreement were not fair and did not meet the "better off overall test."

The Commission examined the agreement to ensure that it provided employees with fair and reasonable terms and conditions, taking into account the economic and employment circumstances. Key issues included whether the proposed changes to working hours, shift patterns, and redundancy provisions were fair, and whether the agreement met the requirements for approval under the Fair Work Act. The Commission also considered the union's objections and the parties' submissions.

After evaluating the evidence and submissions, the Commission found that the proposed agreement met the requirements for approval. The Commission determined that the agreement was fair and reasonable, providing employees with a better overall package of terms and conditions than they would have under the applicable awards. The changes to working hours and shift patterns were found to be reasonable, and the redundancy provisions were deemed fair. The objections raised by the union were not sufficient to outweigh the overall benefits provided by the agreement.

The Fair Work Commission approved the Donaldson Australasia Pty Ltd Enterprise Agreement 2023-2026, effective from the date of the decision. The agreement is now legally binding on both the employer and the employees, providing a framework for their employment relationship over the specified period.

Donaldson Australasia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established