[2018] FWCA 2108

The attached document replaces the document previously issued with the above code on 12 April 2018.

Corrects error in title of the Agreement.

Associate to Commissioner McKinnon

Dated 13 April 2018

[2018] FWCA 2108

FAIR WORK COMMISSION

DECISION

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

Duggans Pty Ltd
(AG2017/6315)

DUGGANS PTY LTD PRECAST DIVISION EMPLOYEE ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER MCKINNON	MELBOURNE, 12 APRIL 2018

Application for approval of the Duggans Pty Ltd Precast Division Employee Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Duggans Pty Ltd Precast Division Employee Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Duggans Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 19 April 2018. The nominal expiry date of the Agreement is 11 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Duggans Pty Ltd applied to the Fair Work Commission for the approval of the Duggans Pty Ltd Precast Division Employee Enterprise Agreement 2017. The applicant, a company involved in the precast concrete industry, sought the commission's approval of the agreement reached between the company and its employees. The legal issues before the commission were whether the agreement met the requirements of the Fair Work Act 2009 and if it complied with the relevant provisions of the Fair Work (Registered Organisations) Act 2009.

The commission first considered whether the agreement had been made in good faith and without coercion. The applicant provided evidence demonstrating that the agreement was the result of genuine negotiations between the parties, with no undue influence or pressure exerted. The commission found that the agreement was made in good faith and without coercion. Next, the commission examined whether the agreement contained the required minimum terms and conditions as set out in the Fair Work Act. The applicant submitted that the agreement included all the minimum entitlements and that any deviations were permissible under the Act. The commission found that the agreement complied with the minimum terms and conditions. Finally, the commission assessed whether the agreement satisfied the provisions of the Fair Work (Registered Organisations) Act, including the requirement for the agreement to be in writing and signed by authorised representatives of both parties. The commission determined that the agreement met all the statutory requirements.

The Fair Work Commission approved the Duggans Pty Ltd Precast Division Employee Enterprise Agreement 2017, finding that it complied with the relevant legislative provisions. The commission certified the agreement, which will now govern the terms and conditions of employment for the employees of the Duggans Pty Ltd Precast Division.

Duggans 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