Dormit Pty Ltd

[2014] FWCA 2256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dormit Pty Ltd
(AG2014/692)

DORMIT PTY LTD ENTERPRISE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 4 APRIL 2014

Application for approval of the Dormit Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Dormit Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dormit Pty Ltd (the Applicant).

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

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2014. The nominal expiry date of the Agreement is 30 November 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Dormit Pty Ltd, the applicant, and the Australian Manufacturing Workers' Union, the respondent. The primary dispute centred around the approval of the Dormit Pty Ltd Enterprise Agreement 2014. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issues addressed by the Commission included whether the agreement satisfied the criteria for direct approval as outlined in section 231 of the Fair Work Act. This involved assessing whether the agreement covered employees who were protected industrial instruments, and whether it had been negotiated in good faith. Furthermore, the Commission had to consider whether the agreement complied with the provisions concerning minimum entitlements and the prohibition of adverse action.

The Fair Work Commission found that the agreement was indeed negotiated in good faith and satisfied the coverage requirements under the Fair Work Act. The Commission determined that the agreement met the necessary criteria for direct approval, as it did not contain any provisions that were below the minimum standards set by the Act and did not include any terms that could result in adverse action against employees. Consequently, the Commission approved the Dormit Pty Ltd Enterprise Agreement 2014. The final orders confirmed the approval of the agreement, with specific details and provisions outlined in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established