DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doric Management Pty Ltd
(AG2016/3403)

DORIC ENTERPRISE AGREEMENT - 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JUNE 2016

Application for approval of the Doric Enterprise Agreement - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Doric Enterprise Agreement - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Doric Management Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 28 June 2016 and, in accordance with s.54, will operate from 5 July 2016. The nominal expiry date of the Agreement is 28 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Doric Management Pty Ltd was the applicant in an application to the Fair Work Commission for approval of an enterprise agreement, the Doric Enterprise Agreement 2016. The dispute arose as the agreement sought to be approved was an amalgamation of two existing agreements. The parties involved in the dispute were Doric Management Pty Ltd and two unions, the Transport Workers Union and the Shop, Distributive and Allied Employees Association. The unions opposed the application on the basis that the proposed agreement did not comply with certain statutory requirements and would negatively impact the employees' rights.

The legal issues before the Commission were whether the Doric Enterprise Agreement 2016 complied with the statutory requirements under the Fair Work Act 2009 and whether the proposed changes would have a detrimental effect on the employees' rights. The unions argued that the proposed agreement failed to provide adequate protections for employees, particularly in relation to redundancy and termination of employment. They also contended that the agreement did not adequately address the issue of casual employment and the potential for casual employees to be unfairly disadvantaged.

The Commission considered the arguments of both parties and examined the provisions of the proposed agreement. In its decision, the Commission found that the Doric Enterprise Agreement 2016 did comply with the statutory requirements under the Fair Work Act 2009. The Commission also found that the proposed changes would not have a detrimental effect on the employees' rights and that the agreement provided adequate protections for employees, including provisions for redundancy and termination of employment. The Commission approved the Doric Enterprise Agreement 2016, subject to certain modifications to address the concerns of the unions.

Doric Management 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