DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doric Products Pty Limited
(AG2016/7163)

DORIC PRODUCTS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 DECEMBER 2016

Application for approval of the Doric Products Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Doric Products 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 Products Pty Limited. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] 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. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 5 December 2016 and, in accordance with s.54, will operate from 12 December 2016. The nominal expiry date of the Agreement is 5 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Doric Products Pty Limited, the Fair Work Commission was asked to determine whether the Doric Products Enterprise Agreement 2016 should be approved. The applicant, Doric Products Pty Limited, sought approval of the agreement, which was submitted in accordance with the Fair Work Act 2009. The dispute arose as both parties had reached an agreement but required formal approval from the Commission to ensure it met all legal standards and requirements.

The central legal issue before the Commission was whether the agreement satisfied the necessary criteria for approval as set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was a simple, clear, and easy-to-understand document, and if it adhered to the procedural requirements for approval. Additionally, the Commission examined whether the agreement provided fair terms and conditions for the employees and whether it was in line with the broader objectives of the Fair Work Act, including ensuring fair work practices and promoting workplace harmony.

The Commission examined the content and structure of the agreement, noting its clarity and simplicity. It confirmed that the agreement was easy for employees to understand, with clear language and an organised layout. The Commission also assessed the procedural steps taken by the parties, confirming that all legal requirements were met in reaching the agreement. Furthermore, the Commission found that the terms of the agreement were fair and provided adequate protections for employees, thus aligning with the principles of the Fair Work Act. Based on these findings, the Commission determined that the agreement met all criteria for approval.

The Fair Work Commission approved the Doric Products Enterprise Agreement 2016, recognising its compliance with the legal standards and its benefits for both the employer and employees. The decision emphasised the importance of clear, fair, and procedurally sound agreements in maintaining fair work practices and promoting workplace harmony.

Doric Products Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established