Dreampath Recruitment Pty Ltd T/A Dreampath Pty Ltd

[2021] FWCA 6801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dreampath Recruitment Pty Ltd T/A Dreampath Pty Ltd
(AG2021/7935)

DREAMPATH COAL - NEW SOUTH WALES NORTHERN DISTRICT ENTERPRISE AGREEMENT 2021

Coal industry
COMMISSIONER WILSON	MELBOURNE, 22 NOVEMBER 2021

Application for approval of the Dreampath Coal - New South Wales Northern District Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Dreampath Coal - New South Wales Northern District Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dreampath Recruitment Pty Ltd T/A Dreampath Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2021. The nominal expiry date of the Agreement is 29 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dreampath Recruitment Pty Ltd, trading as Dreampath Pty Ltd, recently appeared before the Fair Work Commission to seek approval for the Dreampath Coal - New South Wales Northern District Enterprise Agreement 2021. This case involved the application for approval of an enterprise agreement between Dreampath and its employees within the New South Wales Northern District. The agreement was aimed at setting terms and conditions of employment for the workers, including wages, hours of work, leave provisions, and other employment-related matters.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including compliance with the "better off overall test" and whether the agreement had been made in good faith. Additionally, the Commission had to consider if the process of making the agreement was fair and whether there was adequate employee representation. The Commission needed to ensure that the agreement did not disadvantage employees compared to their previous conditions or the relevant award.

In reaching its decision, the Fair Work Commission examined the submissions and evidence provided by both Dreampath and the employees' representatives. The Commission considered the evidence of the process used to negotiate the agreement, the level of employee participation, and whether the agreement provided employees with benefits that were at least equivalent to their previous conditions. After reviewing all submissions, the Commission found that the agreement satisfied the requirements of the Fair Work Act. The Commission was satisfied that the agreement was made in good faith, that employees had been adequately represented, and that the agreement was better off overall for the employees. Therefore, the Commission approved the Dreampath Coal - New South Wales Northern District Enterprise Agreement 2021.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established