Dowsing Group Pty Ltd Summary

[2023] FWCA 627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dowsing Group Pty Ltd

(AG2022/5586)

Dowsing Profiling WA Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 24 FEBRUARY 2023

Application for approval of the Dowsing Profiling WA Enterprise Agreement 2022

Dowsing Group Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Dowsing Profiling WA Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australian Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 24 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Dowsing Group Pty Ltd as the applicant, seeking approval of the Dowsing Profiling WA Enterprise Agreement 2022. The application was brought before the Fair Work Commission, which is responsible for handling disputes and applications regarding workplace relations in Australia. The primary nature of the dispute was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the procedural requirements set out in the Fair Work Act, and whether the agreement contained all the necessary provisions as stipulated by the Act. Additionally, the Commission had to determine whether the agreement was in the best interests of the employees and if it provided a fair and efficient workplace. The applicant argued that the agreement met all necessary criteria and provided a fair outcome for both the employer and employees.

The Commission examined the application in detail, considering the evidence and submissions provided by both parties. The Commission found that the agreement had been developed through a genuine bargaining process, as evidenced by the negotiations and consultations held between the parties. The Commission further concluded that the agreement contained all the mandatory terms and conditions required by the Fair Work Act and did not include any terms that were contrary to public policy. The Commission was satisfied that the agreement was in the best interests of the employees and provided a fair and efficient workplace. As a result, the Commission approved the Dowsing Profiling WA Enterprise Agreement 2022.

Dowsing 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