Doral Fused Materials Pty Ltd Summary

[2013] FWCA 3847

FAIR WORK COMMISSION

DECISION

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

Doral Fused Materials Pty Ltd
(AG2013/6685)

DORAL FUSED MATERIALS PTY LTD ENTERPRISE BARGAINING AGREEMENT 2013

Mining industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 17 JUNE 2013

Application for approval of the Doral Fused Materials Pty Ltd Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Doral Fused Materials Pty Ltd Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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.

[3] An undertaking concerning clause 9.1.2, clause 9.5 and clause 13 has been provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] As the Agreement does not contain a flexibility term or a consultation term, the model flexibility term and model consultation term are taken to be terms of the Agreement.

[5] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 24 June 2013. The nominal expiry date of the Agreement is 1 April 2015.

SENIOR DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Doral Fused Materials Pty Ltd applied to the Fair Work Commission for the approval of the Doral Fused Materials Pty Ltd Enterprise Bargaining Agreement 2013. The application was made by Doral Fused Materials, an employer, and the Transport Workers Union, a trade union representing the employees. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, specifically whether they met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the provisions of the proposed enterprise bargaining agreement met the requirements of the Fair Work Act. The Commission needed to consider whether the agreement was made in good faith, whether it provided for the proper classification and rates of pay for employees, and whether it complied with the relevant minimum standards set out in the Fair Work Act. Additionally, the Commission had to assess whether the agreement was made without coercion or undue influence and if it included appropriate dispute resolution mechanisms.

The Fair Work Commission determined that the proposed agreement met the necessary criteria for approval. The Commission found that the agreement was made in good faith, provided for appropriate classification and rates of pay, and complied with the relevant minimum standards. The Commission also confirmed that the agreement was free from coercion and included adequate dispute resolution provisions. Consequently, the Commission approved the Doral Fused Materials Pty Ltd Enterprise Bargaining Agreement 2013, and it became legally binding on the parties.

The Fair Work Commission approved the Doral Fused Materials Pty Ltd Enterprise Bargaining Agreement 2013, effective from the date of the decision. The agreement sets out the terms and conditions of employment for the employees represented by the Transport Workers Union, and it binds both Doral Fused Materials and the union. The approval ensures that the agreement is enforceable under the Fair Work Act, providing a framework for the employment relationship between the parties.

Doral Fused Materials Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established