DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Donhad Pty Ltd T/A Donhad Pty Ltd
(AG2018/4682)

DONHAD PTY LTD EAST COAST (QLD & NSW) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 JANUARY 2019

Application for approval of the Donhad Pty Ltd East Coast (QLD & NSW) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Donhad Pty Ltd East Coast (QLD & NSW) Enterprise Agreement 2018 (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 T/A Donhad. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.14 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] The Agreement was approved on 11 January 2019 and, in accordance with s.54, will operate from 18 January 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Donhad Pty Ltd T/A Donhad Pty Ltd applied to the Fair Work Commission for approval of the Donhad Pty Ltd East Coast (QLD & NSW) Enterprise Agreement 2018. The application was opposed by the Building and Construction Trades Union, Electrical Trades Union, and the Australian Manufacturing Workers' Union, on behalf of their members who were employees of Donhad Pty Ltd. The Fair Work Commission was required to determine whether the agreement was in the interests of employees, and whether it complied with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a genuine and fair resolution of the issues between the parties, and whether it complied with the formal requirements of the Fair Work Act. The Commission considered the evidence and submissions from both parties, and whether the agreement met the requirements of section 234 of the Fair Work Act, which sets out the criteria for approval of an enterprise agreement. The Commission also considered whether the agreement was consistent with the principles of the Fair Work Act, and whether it provided for a fair and reasonable resolution of the issues between the parties.

After considering the evidence and submissions, the Commission found that the agreement was in the interests of the employees and complied with the Fair Work Act. The Commission determined that the agreement provided for a genuine and fair resolution of the issues between the parties, and that it met the requirements of section 234 of the Fair Work Act. The Commission also found that the agreement was consistent with the principles of the Fair Work Act, and provided for a fair and reasonable resolution of the issues between the parties. The Commission approved the agreement, subject to certain conditions and modifications.

The final orders of the Commission included approval of the agreement, subject to certain conditions and modifications, and the setting aside of any objections to the application. The Fair Work Commission also ordered that the agreement be registered with the Fair Work Commission, and that it be given effect from the date of the decision.

Donhad Pty Ltd T/A 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