DECISION

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

Drake Australia Pty Ltd
(AG2015/903)

DRAKE AUSTRALIA PTY LTD - NEW SOUTH WALES - ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 1 MAY 2015

Application for approval of the Drake Australia Pty Ltd - New South Wales - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Drake Australia Pty Ltd - New South Wales - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Drake Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2015. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Drake Australia Pty Ltd, a company engaged in the manufacturing and distribution of building materials, applied to the Fair Work Commission (FWC) for approval of the Drake Australia Pty Ltd - New South Wales - Enterprise Agreement 2015. The primary dispute centred on the terms and conditions of employment set out in the proposed enterprise agreement. The application was made under the Fair Work Act 2009, which mandates that certain conditions must be met for an enterprise agreement to be approved.

The legal issues before the FWC included whether the proposed enterprise agreement was a genuine agreement between the employer and the employees, whether it complied with the relevant provisions of the Fair Work Act, and whether it contained terms that unfairly disadvantaged employees. The FWC had to consider submissions from both parties and assess if the agreement met the statutory requirements for approval.

The FWC determined that the agreement was indeed a genuine enterprise agreement that was fairly negotiated between the parties. The FWC found that the agreement complied with the statutory requirements and did not contain terms that were unfair to employees. The FWC took into account the overall fairness of the agreement, the bargaining positions of the parties, and the benefits and detriments for employees. After thorough consideration, the FWC approved the Drake Australia Pty Ltd - New South Wales - Enterprise Agreement 2015.

The FWC ordered that the enterprise agreement be registered and have effect from the date of approval. The agreement would then govern the terms and conditions of employment for the employees covered by the agreement, subject to any modifications or terminations in accordance with the Fair Work Act.

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