Drivers Education Centre of Australia Ltd Summary

[2013] FWCA 637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Drivers Education Centre of Australia Ltd
(AG2012/14489)

DRIVERS EDUCATION CENTRE OF AUSTRALIA LIMITED ENTERPRISE AGREEMENT 2011

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 29 JANUARY 2013

Application for approval of the Drivers Education Centre of Australia Limited Enterprise Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the Drivers Education Centre of Australia Limited Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Drivers Education Centre of Australia Ltd. 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] The CPSU, the Community and Public Sector 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2013. The nominal expiry date of the Agreement is 14 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Drivers Education Centre of Australia Limited sought approval of an enterprise agreement with its employees. The dispute centred on the terms and conditions outlined in the proposed agreement, which aimed to govern the employment relationship between the company and its staff. The legal issues before the Commission involved assessing whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the procedural and substantive fairness tests. Specifically, the Commission needed to determine if the agreement provided for appropriate consultation, if it contained the necessary minimum terms, and if it was free from any unfair content.

The Commission considered the procedural aspects of the agreement, including whether there had been genuine bargaining and adequate consultation. The evidence suggested that the negotiation process was conducted in good faith, with the employer engaging with employee representatives to reach the proposed terms. On the substantive fairness, the Commission examined each clause of the agreement to ensure it provided for terms that were no less favourable than the applicable awards or safety net awards. The Commission found that most provisions of the agreement were consistent with the statutory minimum standards and did not introduce any terms that were detrimental to the employees. The fairness of the agreement was further assessed by considering the context of the industry, economic conditions, and the needs of the particular workplace.

After reviewing the evidence and the arguments presented by both parties, the Commission approved the enterprise agreement. The decision noted that the agreement met the necessary legal requirements and was fair and reasonable, considering all relevant factors. The Commission's approval was contingent on the agreement being implemented in good faith by both the employer and the employees. The Commission directed that the agreement would commence on a specified date and would remain in effect until a later date or until terminated in accordance with its terms.

Drivers Education Centre of Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established