DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DR May Inspections Pty Ltd
(AG2020/3553)

D R MAY PTY LTD UNION COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 18 DECEMBER 2020

Application for approval of the D R May Pty Ltd Union Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the D R May Pty Ltd Union Collective Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DR May Inspections Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of DR May Inspections Pty Ltd, the Australian Industrial Relations Commission was called upon to decide whether to approve a proposed collective agreement between the employer and the relevant union. The union sought approval of the DR May Pty Ltd Union Collective Agreement 2020, which contained various terms and conditions of employment, including wages, hours, and leave entitlements. The employer contested certain provisions of the agreement, arguing they were unfair or not in line with the Fair Work Act 2009.

The central legal issues before the commission involved whether the proposed agreement complied with the statutory requirements for approval under the Fair Work Act 2009, specifically whether the agreement was fair and reasonable, and whether it adhered to the provisions of the act. The employer's challenge centred on the fairness of particular terms, such as the rate of pay and conditions of employment. The commission had to assess these provisions against the criteria for fairness and reasonableness, and determine if they met the requirements for approval.

The commission undertook a detailed analysis of the agreement, considering the fairness of the proposed terms and the broader context of the industrial relationship between the parties. The commission found that while some of the employer's concerns were valid, the overall agreement was fair and reasonable, and complied with the statutory requirements. The commission concluded that the agreement was in line with the principles of the act, and approved the DR May Pty Ltd Union Collective Agreement 2020.

As a result, the commission issued an order approving the agreement, which is now legally binding on both the employer and the union. The agreement sets out the terms and conditions of employment for the union members, providing a framework for their industrial relationship going forward.

DR May Inspections 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