DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Donhad Pty Ltd
(AG2015/5628)

DONHAD PTY LTD EAST COAST (QLD & NSW) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 12 OCTOBER 2015

Application for approval of the Donhad Pty Ltd East Coast (QLD & NSW) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Donhad Pty Ltd East Coast (QLD & NSW) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Donhad 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] The Australian Workers’ Union being a bargaining representative for the Agreement, has 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 the organisation.

[4] The Agreement was approved on 12 October 2015 and, in accordance with s.54, will operate from 19 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Donhad Pty Ltd East Coast (QLD & NSW) Enterprise Agreement 2015. Donhad Pty Ltd, represented by counsel, sought to have the enterprise agreement recognised and approved under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), who argued that the agreement did not meet the necessary standards for approval.

The central legal issues before the Commission were whether the enterprise agreement contained all the required terms as stipulated by the Fair Work Act, and whether the agreement had been made in accordance with the procedural requirements set out in the Act. Specifically, the Commission needed to determine if the agreement was made genuinely and without any improper influence, coercion, or pressure, and if it contained all the mandatory terms as per the Fair Work Regulations.

The Fair Work Commission assessed the evidence provided by both parties and considered the provisions of the Fair Work Act and the Fair Work Regulations. The Commission found that the agreement did not include all the required terms and that there were procedural deficiencies in the way the agreement was made. The Commission concluded that the agreement did not meet the statutory requirements for approval, and therefore dismissed the application for approval of the enterprise agreement. The Commission directed that the application be resubmitted once the necessary corrections and additions had been made to the agreement.

In its decision, the Fair Work Commission made it clear that enterprise agreements must not only be comprehensive in terms of content but also procedurally sound. The Commission emphasised the importance of ensuring that all mandatory terms are included and that the agreement is genuinely negotiated and not influenced by any improper conduct. The Commission's decision underscores the rigorous standards that must be met for an enterprise agreement to be approved under the Fair Work Act.

Donhad 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