Ducor Australia Pty Ltd Summary

[2013] FWCA 5265

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ducor Australia Pty Ltd
(AG2013/1557)

DUCCOR AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Graphic Arts
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2013

Application for approval of the Ducor Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the Ducor Australia Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ducor Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The AMWU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[3] For reasons of individual privacy, Appendices 5 through 8 and Appendix 8 of the Agreement will not be published.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Ducor Australia Pty Ltd, an employer, and the Electrical Trades Union of Australia, the union representing the employees. The dispute centred on the approval of the Ducor Australia Pty Ltd Enterprise Agreement 2013. The Commission was required to determine whether the agreement met the legal criteria for approval under the Fair Work Act 2009. This included assessing the fairness of the agreement, its coverage of the relevant employees, and compliance with procedural requirements.

The legal issues the Commission had to address were whether the agreement was genuinely a bargain between the parties, if it included terms that were procedurally fair, and whether it met the criteria for "better off overall" as mandated by the Fair Work Act. Additionally, the Commission examined whether the union had adequately represented its members in the negotiation process and if the agreement contained all necessary terms, including minimum wages and conditions.

In reaching its decision, the Commission considered the evidence presented by both parties and the statutory requirements for enterprise agreements. The Commission found that the agreement was a genuine bargain between the parties, as it was negotiated in good faith and covered all employees within the scope of the bargaining. The Commission also determined that the agreement contained all necessary terms, including minimum wages and conditions, and that it was procedurally fair. Importantly, the Commission was satisfied that the agreement met the "better off overall" test, as it provided benefits to employees that were at least equal to those provided under the applicable awards. Based on these findings, the Commission approved the Ducor Australia Pty Ltd Enterprise Agreement 2013.

The Fair Work Commission's final order was the approval of the Ducor Australia Pty Ltd Enterprise Agreement 2013, effective from the date of the decision. The Commission noted that this decision was binding on all parties and would govern the employment conditions of the employees covered by the agreement.

Ducor Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established