DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Drake Australia Pty Ltd T/A Paradigm Managed Services
(AG2019/4007)

DRAKE AUSTRALIA PTY LTD - SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2019

Storage services
COMMISSIONER CIRKOVIC	MELBOURNE, 29 OCTOBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Drake Australia Pty Ltd - South Australia 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. 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 was approved on 29 October 2019 and, in accordance with s.54, will operate from 5 November 2019. The nominal expiry date of the Agreement is 4 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Drake Australia Pty Ltd, trading as Paradigm Managed Services, applied to the Fair Work Commission for approval of the Drake Australia Pty Ltd - South Australia Enterprise Agreement 2019. The application arose from negotiations between the employer and its employees, represented by the Communications, Electrical and Plumbing Union of Australia (CEPU). The dispute centred on the terms and conditions of employment under the proposed agreement.

The primary legal issues before the commission were whether the agreement provided for the full and fair disclosure of relevant matters, if it was free from any improper influence or pressure, and if it met the requirements of the Fair Work Act 2009. The commission also needed to consider whether the agreement provided for the proper protection of employees' interests and was in the best interests of the employees it covered.

The Fair Work Commission found that the agreement was appropriately negotiated and met the necessary statutory requirements. The commission concluded that the agreement provided for full and fair disclosure, was free from any improper influence or pressure, and appropriately protected the employees' interests. The commission was satisfied that the agreement was in the best interests of the employees it covered. The application for approval was subsequently granted, and the agreement was registered under the Fair Work Act 2009.

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