Dougham Group Pty Ltd Summary

[2014] FWCA 8470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dougham Group Pty Ltd
(AG2014/9719)

DOUGHAM GROUP PTY LTD ENTERPRISE AGREEMENT 2014-2018

Storage services
COMMISSIONER ROE	MELBOURNE, 26 NOVEMBER 2014

Application for approval of the Dougham Group Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Dougham Group Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dougham Group Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 5 November 2014. A Hearing was held on 12 November 2014. On 16 November 2014 I received a signed undertaking in response to the queries from Ian Chesser, Managing Director. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2014. The nominal expiry date of the Agreement is 27 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Dougham Group Pty Ltd, an employer, applied for the approval of the Dougham Group Pty Ltd Enterprise Agreement 2014-2018. The application was contested by the Health Services Union of Australia, an employee representative. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement contained the necessary provisions and if it had been fairly negotiated.

The primary legal issues for the Commission to decide were whether the agreement complied with the Fair Work Act and the Fair Work Regulations 2009, particularly in relation to the mandatory terms and conditions. The Commission also had to assess if the agreement had been genuinely negotiated and if it contained provisions that were in the best interests of the employees and the employer. Another consideration was whether the agreement was in the public interest, given its potential impact on the broader economy.

In its decision, the Commission found that the agreement substantially complied with the statutory requirements. The Commission noted that the agreement contained all the mandatory terms and conditions as stipulated by the Fair Work Act and the Fair Work Regulations. It was also determined that the agreement had been genuinely negotiated between the parties, as evidenced by the submissions and the process followed. The Commission concluded that the agreement was in the best interests of both the employees and the employer and did not adversely affect the public interest. Consequently, the Commission approved the Dougham Group Pty Ltd Enterprise Agreement 2014-2018.

The Fair Work Commission approved the Dougham Group Pty Ltd Enterprise Agreement 2014-2018, effective from the date of the decision. This decision is binding on the parties and will govern the employment conditions of the employees covered by the agreement until its expiration.

Dougham Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established