Doric Products Pty Ltd

[2013] FWCA 6591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Doric Products Pty Ltd
(AG2013/8527)

DORIC PRODUCTS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the Doric Products Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Doric Products Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Doric Products pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 5 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Doric Products Pty Ltd applied to the Fair Work Commission for approval of the Doric Products Enterprise Agreement 2013. The applicant is an employer in the manufacturing industry, and the dispute involves the terms and conditions of employment for its employees. The Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement provided for the proper operation of the enterprise and contained the necessary provisions to ensure procedural fairness to all parties involved. Specifically, the Commission had to examine whether the agreement contained adequate mechanisms for resolving disputes between the employer and employees, and whether it adhered to the procedural requirements set out in the Fair Work Act.

The Commission found that the agreement met the necessary criteria for approval. It included provisions for the proper operation of the enterprise and contained mechanisms for resolving disputes, such as the establishment of a dispute resolution committee. The Commission also noted that the agreement provided for procedural fairness, as it outlined the process for employees to be informed and consulted about the agreement. Additionally, the Commission was satisfied that the agreement adhered to the procedural requirements for approval under the Fair Work Act.

As a result, the Fair Work Commission approved the Doric Products Enterprise Agreement 2013, finding it to be in compliance with the relevant legal standards. This decision ensures that the terms and conditions of employment for employees of Doric Products Pty Ltd are governed by the approved agreement, providing a framework for their working relationship with the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established