[2015] FWCA 1656

The attached document replaces the document previously issued with the above code on 12 March 2015.

The title has been corrected.

Associate to Commissioner Roe

Dated 18 March 2015

[2015] FWCA 1656

FAIR WORK COMMISSION

DECISION

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

Drake Australia Pty Ltd
(AG2015/441)

DRAKE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT (VICTORIA) 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 12 MARCH 2015

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

[1] An application has been made for approval of an enterprise agreement known as theDrake Australia Pty Ltd Enterprise Agreement (Victoria) 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

Printed by authority of the Commonwealth Government Printer

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 were represented by their legal counsel, and the respondents, the employees, were represented by their union. The nature of the dispute centred around the terms and conditions of employment outlined in the proposed agreement and whether they complied with the relevant industrial legislation. The court before which the application was made was the Fair Work Commission, an Australian federal statutory tribunal responsible for resolving workplace disputes and making binding decisions on matters relating to employment law.

The legal issues before the court were whether the proposed enterprise agreement was sufficiently in the employees' interests and whether it complied with the requirements of the Fair Work Act 2009. In particular, the court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions on wages, hours of work, leave entitlements, and dispute resolution mechanisms. The court was also required to assess whether the agreement had been genuinely negotiated between the parties and whether it contained appropriate measures to protect employees' rights and interests.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was in the employees' interests and complied with the requirements of the Fair Work Act. The court considered the evidence presented by both parties, including submissions on the fairness and reasonableness of the proposed terms and conditions of employment. The court also examined the negotiation process and found that it had been genuinely conducted between the parties. The court determined that the agreement provided for fair and reasonable terms and conditions of employment, including provisions on wages, hours of work, leave entitlements, and dispute resolution mechanisms. The court approved the proposed enterprise agreement, subject to certain modifications to address minor procedural issues.

The final orders of the court included the approval of the Drake Australia Pty Ltd Enterprise Agreement (Victoria) 2015, subject to the modifications made by the court. The court also directed the parties to take certain steps to ensure that the agreement was properly communicated to the employees and that any necessary changes to their employment contracts were made. The decision of the Fair Work Commission was binding on both parties and could not be appealed except on limited grounds.

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