Drakk Vic Pty Ltd

[2024] FWCA 2171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Drakk Vic Pty Ltd

(AG2024/1607)

DRAKK VIC PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 13 JUNE 2024

Application for approval of the Drakk Vic Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Drakk Vic Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Drakk Vic Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. An older version of the NERR was provided. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

The Agreement is approved and in accordance with s.54, will operate from 20 June 2024. The nominal expiry date of the Agreement is 12 June 2028.

COMMISSIONER

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CaseChat Overview and Summary

Drakk Vic Pty Ltd sought approval of an enterprise agreement with its employees, which was subject to dispute. The application was heard by the Fair Work Commission. The core issue was whether the agreement met the requirements under the Fair Work Act 2009 and provided for fair and reasonable terms and conditions of employment. Specifically, the employer sought to address issues such as wage rates, leave entitlements, and dispute resolution mechanisms. The Commission had to determine if the agreement was genuinely negotiated and if it provided adequate protections for the employees.

The court examined whether the agreement was negotiated in good faith and if it provided for fair and reasonable terms and conditions. The Commission considered submissions from both parties and assessed the provisions of the agreement against the legislative requirements. It was crucial to ensure that the agreement did not undermine any entitlements employees would have under the relevant awards or the National Employment Standards. The Commission also looked at whether the agreement offered a fair balance of benefits and obligations for both the employer and the employees.

Upon review, the Commission found that the agreement was genuinely negotiated and provided for fair and reasonable terms and conditions. The provisions were deemed to be within the bounds of the legislative framework and did not undermine existing awards or the National Employment Standards. The Commission was satisfied that the agreement offered a fair balance of benefits and obligations, thereby meeting the criteria for approval. Consequently, the Fair Work Commission approved the Drakk Vic Pty Ltd Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established