Dunbrae Pty Ltd T/A Global Facilities Maintenance Summary

[2022] FWCA 3954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dunbrae Pty Ltd T/A Global Facilities Maintenance

(AG2022/4566)

Dunbrae Pty Ltd Townsville Branch Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 14 NOVEMBER 2022

Application for approval of the Dunbrae Pty Ltd Townsville Branch Enterprise Agreement 2022

Dunbrae Pty Ltd T/A Global Facilities Maintenance (the Employer) has applied for approval of an enterprise agreement known as the Dunbrae Pty Ltd Townsville Branch Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 November 2022. The nominal expiry date of the Agreement is 14 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

The applicant, Dunbrae Pty Ltd trading as Global Facilities Maintenance, made an application for the approval of the Enterprise Agreement between the company and its employees in the Townsville branch. The application was heard in the Fair Work Commission. The nature of the dispute was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the Enterprise Agreement provided for the appropriate protections for employees and whether it was made in good faith. The applicant argued that the agreement was fair and balanced and provided for appropriate protections for both parties. The respondent, the Australian Council of Trade Unions, argued that the agreement did not provide adequate protections for employees and was not made in good faith.

The Fair Work Commission found that the Enterprise Agreement met the requirements for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for appropriate protections for employees, including minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was made in good faith, as both parties had negotiated in a genuine and reasonable manner. The applicant's application for approval of the Enterprise Agreement was subsequently approved.

The Fair Work Commission approved the Dunbrae Pty Ltd Townsville Branch Enterprise Agreement 2022, finding that it met the requirements for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for appropriate protections for employees and was made in good faith. The approval of the agreement will provide certainty and stability for both the applicant and its employees in the Townsville branch.

Dunbrae Pty Ltd T/A Global Facilities Maintenance

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established