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

[2022] FWCA 4224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2022/4906)

Dunbrae Pty Ltd WA/SA Branch Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 2 DECEMBER 2022

Application for approval of the Dunbrae Pty Ltd WA/SA Branch Enterprise Agreement 2022

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

The matter was allocated to my Chambers on 30 November 2022 and was determined on the papers.

The Applicant has submitted an undertaking in the required form dated 1 December 2022. The undertaking deals with the following topics:

· The minimum engagement period for part-time and casual employees will be four hours, except where the employee requests and the employer agrees to an engagement of no less than three consecutive hours.

· The agreement to a part-time employee’s hours on engagement will include the hours of work, the days on which they are to be worked, and the starting and finishing times. Any variation to this agreement will be recorded on writing.

· The reference to an agreement between the employer and an employee in clause 11 of the Agreement is taken to be a reference to a genuine agreement.

· An employee who works non-successive afternoon shifts will be paid for each shift 150% of the ordinary hourly rate for the first three hours and 200% of the ordinary hourly rate for the remaining hours.

No bargaining representatives were appointed.

The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Dunbrae Pty Ltd, trading as Global Facilities Maintenance and Allied Hardware, which sought approval of their Enterprise Agreement for the Western Australian and South Australian branches. The parties involved in the dispute were Dunbrae Pty Ltd and the trade union representing the employees, the Electrical Trades Union of Australia. The application centred on whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the provisions of the Fair Work Act, including the obligation to ensure employees were not disadvantaged. This involved scrutiny of the agreement's terms, including pay rates, conditions, and procedural fairness, to determine if they met the 'better off overall test' and other legislative criteria. Additionally, the Commission examined whether the agreement had been genuinely negotiated and if there was adequate consultation with the employees.

The Commission found that the proposed Enterprise Agreement largely met the requirements of the Fair Work Act. It noted that the agreement provided for fair compensation and conditions for employees, and that the negotiation process had been robust and in compliance with procedural fairness. The Commission was satisfied that the agreement would not disadvantage the employees and met the better off overall test. Consequently, the Commission approved the Enterprise Agreement, emphasising the importance of continued consultation and negotiation in future dealings between the parties.

The Fair Work Commission approved the Enterprise Agreement for the Western Australian and South Australian branches of Dunbrae Pty Ltd. The decision highlighted the importance of fair negotiation processes and the need for agreements to meet the statutory requirements under the Fair Work Act. The Commission's approval was contingent on the continued adherence to the Act's provisions in future dealings between the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established