DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Drake Australia Pty Ltd T/A Paradigm Managed Services
(AG2019/4118)

DRAKE AUSTRALIA PTY LTD - QUEENSLAND ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER LEE	MELBOURNE, 8 NOVEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Drake Australia Pty Ltd - Queensland Enterprise Agreement 2019 (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 T/A Paradigm Managed Services. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 13.2 – Conversion to hourly entitlement

However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2019. The nominal expiry date of the Agreement is 14 November 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Drake Australia Pty Ltd, trading as Paradigm Managed Services, the Fair Work Commission was tasked with assessing the application for approval of the Drake Australia Pty Ltd - Queensland Enterprise Agreement 2019. The application was brought by the employer, Drake Australia Pty Ltd, and opposed by the Australian Services Union. The primary dispute centred on the terms and conditions of employment under the proposed enterprise agreement, with the union raising concerns about the fairness and appropriateness of certain provisions.

The key legal issues before the Commission involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it ensured a fair safety net, provided for the proper operation of businesses, and addressed the legitimate needs of the parties involved. The union's opposition focused on specific clauses relating to employee entitlements, working conditions, and the overall balance of the agreement.

The Commission carefully reviewed the evidence presented by both parties, assessing the agreement against the statutory requirements and principles of industrial justice. The Commission found that while some provisions were contentious, the overall agreement did not significantly depart from the applicable safety net standards and was reasonable in its terms. The Commission concluded that the agreement met the necessary criteria and approved it, emphasising the importance of the parties continuing to negotiate in good faith to address any ongoing concerns.

The Fair Work Commission's decision resulted in the approval of the Drake Australia Pty Ltd - Queensland Enterprise Agreement 2019. The Commission directed the agreement to be registered, effective from the date of the decision. The employer and the union were encouraged to continue their collaborative efforts to ensure the agreement's effective implementation and to address any further issues that may arise during its operation.

Drake Australia Pty Ltd T/A Paradigm Managed Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established