Donhad Pty Ltd Summary

[2014] FWCA 7637

FAIR WORK COMMISSION

DECISION

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

Donhad Pty Ltd
(AG2014/9294)

DONHAD PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 OCTOBER 2014

Application for approval of the Donhad Pty Ltd Western Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Donhad Pty Ltd Western Australia Enterprise Agreement 2014 (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 and 187 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) 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 is approved and, in accordance with s.54, will operate from 5 November 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Donhad Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Donhad Pty Ltd Western Australia Enterprise Agreement 2014. The applicant argued that the agreement met the statutory requirements for a modern award and provided a safety net for employees. The Fair Work Union of Australia, as a registered organisation, intervened in the proceedings, contending that the agreement did not meet the safety net requirements and failed to provide adequate protections for employees.

The legal issues before the Commission were whether the agreement provided employees with a safety net that met or exceeded the minimum standards set out in the applicable modern award, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission examined the agreement in detail, including the wages, conditions, and other terms and conditions of employment. The Commission also considered the evidence provided by both parties, including expert evidence on the impact of the agreement on employees.

After careful consideration of the evidence and arguments presented, the Commission found that the agreement provided employees with a safety net that met or exceeded the minimum standards set out in the applicable modern award. The Commission noted that the agreement provided for a number of improvements in wages and conditions compared to the modern award, and that it included provisions for additional leave, flexible working arrangements, and dispute resolution mechanisms. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009.

Accordingly, the Commission approved the Donhad Pty Ltd Western Australia Enterprise Agreement 2014, subject to certain modifications to address minor technical issues. The modifications included clarifying certain definitions, improving the readability of the agreement, and ensuring consistency with the modern award. The applicant and the registered organisation were given the opportunity to provide feedback on the modifications before the agreement was finally approved.

Donhad Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established