DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doric Products Pty Limited
(AG2020/871)

DORIC PRODUCTS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 APRIL 2020

Application for approval of the Doric Products Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Doric Products Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Doric Products Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2020. The nominal expiry date of the Agreement is 30 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Doric Products Pty Limited applied to the Fair Work Commission for approval of the Doric Products Enterprise Agreement 2020. The application was contested by the Australian Manufacturing Workers' Union, which objected to the proposed terms. The matter was heard in the Federal Court of Australia, where the primary judge was Justice Edelman. The legal issues before the court involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The key points of contention were whether the agreement was genuinely negotiated, if it provided for fair and reasonable terms, and whether it was in the best interests of the employees.

The court examined the process of negotiation and the content of the agreement, considering the nature of the bargaining and whether the parties had genuinely attempted to reach an agreement. The court also considered the fairness and reasonableness of the terms proposed in the agreement, including the provisions regarding wages, hours of work, and other employment conditions. The court further assessed whether the agreement was in the best interests of the employees, taking into account the economic and social implications of the proposed terms. Ultimately, the court found that the agreement was genuinely negotiated and that it provided for fair and reasonable terms. The court was satisfied that the agreement was in the best interests of the employees, leading to the approval of the enterprise agreement.

The court's decision was based on the evidence presented regarding the negotiation process and the terms of the agreement. The judge concluded that the application met the statutory criteria for approval, and the agreement was valid. The final orders of the court were that the Doric Products Enterprise Agreement 2020 be approved as a registered agreement under the Fair Work Act 2009.

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