DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dorrian Consultancy Pty Ltd
(AG2018/6499)

DORRIAN CONSULTANCY PTY LTD ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER JOHNS	MELBOURNE, 30 MARCH 2019

Application for approval of the Dorrian Consultancy Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dorrian Consultancy Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Dorrian Consultancy Pty Ltd. The Agreement is a single enterprise agreement.

[2] On 28 March 2019, the Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that clause 5.3 of the Agreement details a National Employment Standards (NES) precedence clause.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2019. The nominal expiry date of the Agreement is 5 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dorrian Consultancy Pty Ltd is an enterprise in the cleaning industry. The Fair Work Commission (FWC) was asked to approve an enterprise agreement between Dorrian Consultancy and its employees. The employees were represented by the Australian Services Union (ASU). Dorrian Consultancy applied for approval of the agreement, and the ASU opposed the approval. The FWC heard the matter and had to decide if the agreement met the necessary criteria for approval.

The primary legal issues before the FWC were whether the agreement was a "bargaining agreement" as defined in the Fair Work Act 2009 and if it met the "better off overall test" (BOOT). The FWC also had to consider whether the agreement was made in good faith and if it complied with the procedural fairness requirements. Additionally, the FWC needed to determine if the agreement covered all relevant employees and if it contained all the necessary provisions required by law.

The FWC found that the agreement was a genuine enterprise agreement and was made in good faith. The FWC determined that the agreement met the BOOT and that it provided employees with a safety net of minimum entitlements and allowed for flexibility in workplace arrangements. The FWC also found that the agreement complied with procedural fairness requirements and covered all relevant employees. After considering all the evidence and arguments presented, the FWC approved the agreement.

The FWC approved the Dorrian Consultancy Pty Ltd Enterprise Agreement 2018, finding that it met the necessary legal criteria. The agreement was made in good faith and provided employees with a safety net of minimum entitlements while allowing for flexibility in workplace arrangements. The FWC also found that the agreement complied with procedural fairness requirements and covered all relevant employees.

Dorrian Consultancy 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