DECISION

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

Drake Australia Pty Ltd
(AG2015/445)

DRAKE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT (QUEENSLAND) 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 12 MARCH 2015

Application for approval of the Drake Australia Pty Ltd Enterprise Agreement (Queensland) 2015.

[1] An application has been made for approval of an enterprise agreement known as the Drake Australia Pty Ltd Enterprise Agreement (Queensland) 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 19 March 2015. The nominal expiry date of the Agreement is 18 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

Drake Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The applicants sought to resolve disputes over the terms of employment. The Full Bench of the Fair Work Commission heard the matter. The central legal issue before the court was whether the proposed enterprise agreement was consistent with the provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for being a lawful and valid enterprise agreement under the Act.

The court examined the fairness and content of the proposed agreement, considering whether it provided for appropriate terms and conditions of employment, including minimum rates of pay, leave entitlements, and other employment benefits. The court also assessed whether the agreement had been negotiated in good faith and whether it complied with the procedural requirements for enterprise agreements. The court's analysis involved a detailed review of the negotiation process and the provisions of the agreement to ensure they met the statutory criteria. Ultimately, the court found that the agreement was consistent with the requirements of the Act, and it approved the enterprise agreement.

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