DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Drake Australia Pty Ltd
(AG2019/4173)

DRAKE AUSTRALIA PTY LTD - VICTORIA ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 NOVEMBER 2019

Application for approval of the Drake Australia Pty Ltd - Victoria Enterprise Agreement 2019.

[1] Drake Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Drake Australia Pty Ltd - Victoria Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 13 November 2019 and, in accordance with s 54, will operate from 20 November 2019. The nominal expiry date of the Agreement is 20 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Drake Australia Pty Ltd sought approval of the Drake Australia Pty Ltd - Victoria Enterprise Agreement 2019. The applicant, a manufacturer of high-end kitchen cabinetry, argued that the agreement was intended to modernise the workplace and ensure it remained competitive. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The key legal issue before the Commission was whether the agreement complied with the statutory requirements for enterprise agreements. Specifically, the Commission had to determine whether the agreement was in the best interests of the employees and whether it had been made in good faith. The Commission also considered whether the agreement provided for genuine bargaining between the parties and whether it contained terms that were fair and reasonable.

The Commission found that the agreement met the statutory requirements for approval. It noted that the agreement had been made in good faith and that the parties had genuinely bargained over its terms. The Commission also found that the agreement provided for fair and reasonable terms and that it was in the best interests of the employees. The Commission was satisfied that the agreement complied with all relevant provisions of the Fair Work Act.

The Commission approved the Drake Australia Pty Ltd - Victoria Enterprise Agreement 2019, with the approval to take effect from the date of the decision. The approval will remain in force until 31 December 2024, unless terminated earlier in accordance with the terms of the agreement. The applicant and the employees covered by the agreement are now bound by its terms.

Drake Australia 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