DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ductmakers Pty Ltd
(AG2021/6607)

DUCTMAKERS PTY LTD ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 19 AUGUST 2021

Application for approval of the Ductmakers Pty Ltd Enterprise Agreement 2021-2024.

[1] An application has been made for approval of an enterprise agreement known as the Ductmakers Pty Ltd Enterprise Agreement 2021-2024 (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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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, will operate from 26 August 2021. The nominal expiry date of the Agreement is 31 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ductmakers Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Ductmakers Pty Ltd Enterprise Agreement 2021-2024. The dispute involved the terms of the proposed enterprise agreement and whether it met the statutory requirements for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement complied with the procedural and substantive fairness tests.

The key legal issues addressed by the Commission included whether the agreement was made in good faith, if it contained the necessary terms and conditions for a fair and effective workplace, and whether the process for reaching the agreement was procedurally fair. The Commission also considered whether the agreement unfairly disadvantaged any party and if it complied with the relevant provisions of the Fair Work Act.

In its decision, the Commission found that the agreement was made in good faith and contained terms and conditions that were fair and effective. The Commission noted that the agreement was the result of extensive negotiations between the employer and the employees' representatives, and that the process was transparent and inclusive. The Commission also found that the agreement did not unfairly disadvantage any party and that it complied with the relevant provisions of the Fair Work Act.

As a result, the Commission approved the Ductmakers Pty Ltd Enterprise Agreement 2021-2024. The agreement will now be registered with the Fair Work Commission and will be legally binding on the parties. The Commission's decision provides certainty for both the employer and employees and ensures that the agreement meets the statutory requirements for approval under the Fair Work Act.

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