DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Donhad Pty Ltd
(AG2019/3597)

DONHAD PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 OCTOBER 2019

Application for approval of the Donhad Pty Ltd Western Australia Enterprise Agreement 2019.

[1] Donhad Pty Ltd has made an application for the approval of an enterprise agreement known as the Donhad Pty Ltd Western Australia Enterprise Agreement 2019(the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (the 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), and based on the statutory declaration provided by the AMWU, I note that the AMWU is covered by the Agreement.
[6] The Agreement was approved on 18 October 2019, and, in accordance with s 54, will operate from 25 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Donhad Pty Ltd was the subject of an application for the approval of the Donhad Pty Ltd Western Australia Enterprise Agreement 2019. The application was brought by the Australian Manufacturing Workers’ Union, which sought approval for the agreement to be a registered agreement under the Fair Work Act 2009. The dispute centred around whether the agreement met the necessary criteria for approval, including whether it complied with the provisions of the Fair Work Act and the Fair Work Regulations.

The key legal issues that the Commission had to decide included whether the agreement had been made in accordance with the requirements of the Fair Work Act, whether it contained the necessary protected action provisions, and whether it complied with the unfair dismissal provisions of the Act. Additionally, the Commission needed to determine whether the agreement was in the best interests of the employees and whether it provided for adequate protections for employees.

The Commission found that the agreement met the necessary criteria for approval. It was satisfied that the agreement had been made in accordance with the Fair Work Act and that it contained the necessary protected action provisions. The Commission also determined that the agreement complied with the unfair dismissal provisions of the Act and that it was in the best interests of the employees. The Commission found that the agreement provided for adequate protections for employees and that it met the requirements of the Fair Work Act.

Consequently, the Fair Work Commission approved the Donhad Pty Ltd Western Australia Enterprise Agreement 2019 as a registered agreement under the Fair Work Act 2009. The agreement was registered on the date of the Commission's decision and became effective from that date.

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