DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dubois Chemicals Australia Pty Ltd T/A Prowash Australia
(AG2019/3221)

DCA ENTERPRISE AGREEMENT 2019

Vehicle industry
COMMISSIONER WILSON	MELBOURNE, 13 SEPTEMBER 2019

Application for approval of the DCA Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the DCA 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 Dubois Chemicals Australia Pty Ltd T/A Prowash Australia. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2019. The nominal expiry date of the Agreement is 13 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Dubois Chemicals Australia Pty Ltd trading as Prowash Australia, brought an application for approval of the DCA Enterprise Agreement 2019 before the Fair Work Commission. The application sought to resolve disputes regarding the terms and conditions of employment under the proposed agreement. The primary issue was whether the agreement provided fair and reasonable terms that complied with relevant legislative requirements, including provisions under the Fair Work Act 2009.

The legal issues addressed by the court involved scrutiny of the proposed agreement's provisions concerning wages, conditions, dispute resolution mechanisms, and procedural fairness. The Commission assessed whether the agreement met the standards of procedural fairness, ensuring genuine bargaining, and whether the terms were fair and reasonable, taking into account the needs of the employees and the employer's business. The court also examined the evidence provided by both parties to determine the validity and enforceability of the agreement.

In its decision, the Commission found that the application met the requirements for procedural fairness and that the terms of the agreement were fair and reasonable. The Commission noted the extensive process of negotiation and consultation undertaken by the parties and the comprehensive nature of the agreement. The evidence demonstrated that the agreement addressed the needs of both employees and the employer, balancing interests appropriately. Consequently, the Commission approved the DCA Enterprise Agreement 2019, affirming its compliance with the relevant legislative provisions.

The Commission's final order approved the DCA Enterprise Agreement 2019, effective from the date specified in the application. The agreement was to be registered with the Fair Work Commission, and all provisions would be binding on the parties as per the terms outlined in the agreement.

Dubois Chemicals Australia Pty Ltd T/A Prowash Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established