DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doran Earthmoving Pty Ltd
(AG2019/2275)

DORAN EARTHMOVING PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 AUGUST 2019

Application for approval of the Doran Earthmoving Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Doran Earthmoving Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Doran Earthmoving Pty Ltd. 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, 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 note that employees were provided with the voting information on the 10 June 2019, and the vote was conducted 7 days later on the 17 June 2019, rather than 7 clear days as prescribed by the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2019. The nominal expiry date of the Agreement is 1 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Doran Earthmoving Pty Ltd, sought approval of the Doran Earthmoving Pty Ltd Enterprise Agreement 2019 from the Fair Work Commission. The dispute arose from the terms of the enterprise agreement, which the applicant wished to implement to regulate employment conditions for its workers. The matter was heard by the Commission, presided over by Commissioner M. A. Ryan.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including provisions for genuine agreement, procedural fairness, and the protection of employees' rights. The Commission had to assess if the agreement was made in good faith, whether the negotiation process was fair, and if the agreement provided fair terms and conditions to the employees.

In its decision, the Commission found that the enterprise agreement was indeed made in good faith and that the negotiation process was procedurally fair. The agreement was also deemed to provide fair terms and conditions for the employees, including provisions for wages, hours of work, leave, and other employment conditions. The Commission approved the application and granted the enterprise agreement, highlighting the importance of such agreements in providing a clear and fair framework for employment relations.

The final orders included the approval of the Doran Earthmoving Pty Ltd Enterprise Agreement 2019, which would now be binding on the parties involved, providing a stable and regulated employment environment for the workers.

Doran Earthmoving 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