Ductmakers Pty Ltd

[2013] FWCA 9870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ductmakers Pty Ltd
(AG2013/11903)

DUCTMAKERS PTY LTD ENTERPRISE AGREEMENT 2013 - 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 16 DECEMBER 2013

Application for approval of the Ductmakers Pty Ltd Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ductmakers Pty Ltd Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Ductmakers Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 23 December 2013. The nominal expiry date of the Agreement is 31 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Ductmakers Pty Ltd, a company seeking approval for their Enterprise Agreement 2013-2015, before the Fair Work Commission. The application for approval came before the Commission following a dispute regarding the fairness of the agreement's terms and conditions. The Commission's role was to determine whether the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained terms that were procedurally and substantively unfair. Procedural fairness concerned whether the agreement was genuinely negotiated between the employer and the employees, while substantive fairness examined whether the terms of the agreement were reasonable and equitable in light of various factors, including industry standards and the parties' bargaining positions.

The Commission considered the evidence presented by both parties and the broader context of the industry. It found that the agreement was genuinely negotiated and contained terms that were not unfair. The Commission concluded that the agreement was procedurally and substantively fair and thus approved it. The Commission's approval meant that the agreement could now be registered with the Fair Work Commission, making it a legally binding contract between the employer and the employees.

The Fair Work Commission approved the Ductmakers Pty Ltd Enterprise Agreement 2013-2015, finding it to be fair both procedurally and substantively. The decision provided clarity for both parties and set a precedent for similar agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established