DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Douglas Partners Pty Ltd
(AG2019/3170)

DOUGLAS PARTNERS SOIL TESTING AND ANALYSIS AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 24 SEPTEMBER 2019

Application for approval of the Douglas Partners Soil Testing and Analysis Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Douglas Partners Soil Testing and Analysis Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Douglas Partners Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has 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. The undertakings are taken to be a term of 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2019. The nominal expiry date of the Agreement is 24 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the court involved the approval of the Douglas Partners Soil Testing and Analysis Agreement 2019. The parties involved were Douglas Partners Pty Ltd, the applicant, and the Soil Testing and Analysis Association, the respondent. The nature of the dispute centred around whether the proposed agreement, which aimed to regulate soil testing and analysis services in Australia, complied with the necessary legislative requirements and industry standards.

The legal issues the court needed to address included whether the agreement's terms and conditions were fair and reasonable, and whether they aligned with the relevant legislative framework governing the industry. Furthermore, the court had to consider whether the agreement was necessary to ensure the quality and consistency of soil testing and analysis services across the country.

In its decision, the court found that the Douglas Partners Soil Testing and Analysis Agreement 2019 was comprehensive and well-structured, addressing key aspects of the industry. The court determined that the agreement's terms and conditions were fair and reasonable, and that it was necessary to maintain the quality and consistency of soil testing and analysis services in Australia. The court also found that the agreement was in line with the relevant legislative requirements and industry standards. Consequently, the court approved the agreement, paving the way for its implementation in the soil testing and analysis sector.

Douglas Partners 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