DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ductmakers Pty Ltd
(AG2015/4839)

DUCTMAKERS PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 SEPTEMBER 2015

Application for approval of the Ductmakers Pty Ltd Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Ductmakers Pty Ltd Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ductmakers Pty 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ 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 11 September 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ductmakers Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application was brought by the company and the Electrical Trades Union. The dispute centred around the terms and conditions of employment outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith, whether it contained the necessary minimum entitlements, and if it adhered to procedural fairness. Additionally, the Commission considered whether the agreement would result in unfair detriment to any employees. The company argued that the agreement was fair and reasonable, while the union raised concerns about specific provisions affecting employee conditions.

The Fair Work Commission found that the agreement was made in good faith and contained all the necessary minimum entitlements. The Commission determined that the agreement did not result in unfair detriment to any employees and that procedural fairness had been observed. The application for approval was thus upheld, and the enterprise agreement was deemed valid and enforceable. The Commission's decision was communicated, and the agreement was approved in accordance with the Fair Work Act 2009.

Ductmakers Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established