Dunbrae Pty Ltd T/A Global Facilities Maintenance And Allied Hardware Summary

[2023] FWCA 3191

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dunbrae Pty Ltd T/A Global Facilities Maintenance And Allied Hardware

(AG2023/3172)

DUNBRAE PTY LTD MELBOURNE BRANCH ENTERPRISE AGREEMENT 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 4 OCTOBER 2023

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

An application has been made for approval of an enterprise agreement known as the Dunbrae Pty Ltd Melbourne Branch Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dunbrae Pty Ltd T/A Global Facilities Maintenance And Allied Hardware (the Employer). The Agreement is a single enterprise agreement.

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.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 4 October 2023 and, in accordance with s 54, will operate from 11 October 2023. The nominal expiry date of the Agreement is 4 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dunbrae Pty Ltd, trading as Global Facilities Maintenance and Allied Hardware, applied for approval of the Dunbrae Pty Ltd Melbourne Branch Enterprise Agreement 2022. The Fair Work Commission heard the application and considered the evidence and submissions from the applicant and other interested parties. The agreement in question was an enterprise agreement under the Fair Work Act 2009, aiming to regulate the employment terms and conditions for employees at Dunbrae's Melbourne branch. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This included ensuring that the agreement facilitated the efficient operation of the enterprise, provided for the proper regulation of employment, and was free from any unfair content.

The Commission carefully examined the provisions of the agreement, particularly focusing on any potential unfair elements that might contravene the principles of procedural and substantive fairness. The applicant argued that the agreement was fair and reasonable, given its benefits in terms of operational efficiency and employee welfare. Opposing parties raised concerns about specific clauses, suggesting they might be unfair to certain employees. The Commission had to balance the need for efficient business operations with the protection of employee rights, ensuring that the agreement did not unjustifiably disadvantage any party. The Commission's decision hinged on a detailed analysis of the agreement's provisions against the statutory criteria for fairness and procedural compliance.

After thorough consideration, the Commission found that the Dunbrae Pty Ltd Melbourne Branch Enterprise Agreement 2022 met all the necessary criteria for approval. The agreement was deemed to facilitate the efficient operation of the enterprise and provide for the proper regulation of employment. It was also found to be free from any unfair content, as all provisions were consistent with the principles of procedural and substantive fairness. Consequently, the Commission approved the agreement, ensuring that it would now govern the employment terms and conditions for employees at Dunbrae's Melbourne branch. The approval was based on a comprehensive assessment of the agreement's provisions and their alignment with the requirements of the Fair Work Act.

Dunbrae Pty Ltd T/A Global Facilities Maintenance And Allied Hardware

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established