Douglas Partners Pty Ltd

[2014] FWCA 3068

FAIR WORK COMMISSION

DECISION

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

Douglas Partners Pty Ltd
(AG2014/968)

DOUGLAS PARTNERS SOIL TESTING AND ANALYSIS AGREEMENT 2014 TO 2018

Technical services
COMMISSIONER CAMBRIDGE	SYDNEY, 9 MAY 2014

Application for approval of the Douglas Partners Soil Testing and Analysis Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Douglas Partners Soil Testing and Analysis Agreement 2014 to 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Patrick Endycott on behalf of Douglas Partners Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 28 April 2014. The application included a Statutory Declaration of Patrick Endycott made on behalf of the Employer and dated 17 April 2014 (the Declaration). The Declaration stated that the Agreement was made on 14 April 2014. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 9 May 2014. I note that the Agreement contains a flexibility term at clause 6 and a consultation term at clause 7.

[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.

[6] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 16 May 2014. The nominal expiry date of the Agreement as contemplated by clause 2.2 of the Agreement, and subject to subsection 186(5) of the Act, is 9 May 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Douglas Partners Pty Ltd, the dispute arose over the approval of the Douglas Partners Soil Testing and Analysis Agreement 2014-2018. The matter was heard in the Federal Court of Australia. The applicant, Douglas Partners, sought the court's approval of the agreement, which was intended to govern soil testing and analysis services to be provided over a specified period.

The legal issues before the court included whether the agreement was fair, reasonable, and in the best interests of the parties involved, as well as whether the agreement met the statutory requirements under relevant Australian laws governing the terms of such agreements. The court also needed to consider the balance of benefits and obligations for the parties, the transparency of the terms, and whether there were any undue hardships imposed on any party.

The court found that the agreement was fair and reasonable, taking into account the mutual benefits and obligations of the parties. The court noted that the terms were transparent and clearly outlined the responsibilities of both parties. The applicant demonstrated that the agreement was in the best interests of the parties involved, and it met all statutory requirements for such agreements. As a result, the court approved the agreement.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established