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

[2024] FWC 35

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/5379)

DUNBRAE PTY LTD BRISBANE BRANCH ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 JANUARY 2024

Application for approval of the Dunbrae Pty Ltd Brisbane Branch Enterprise Agreement 2023

Dunbrae Pty Ltd T/A Global Facilities Maintenance; And, Allied Hardware (the Applicant) has made an application for the approval of an enterprise agreement known as the Dunbrae Pty Ltd Brisbane Branch Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union’ known as the Australian Manufacturing Workers' Union (AMWU) (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 5 January 2024 and, in accordance with s 54, will operate from 12 January 2024. The nominal expiry date of the Agreement is 5 January 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dunbrae Pty Ltd, trading as Global Facilities Maintenance, and Allied Hardware were before the Fair Work Commission in an application for approval of the Dunbrae Pty Ltd Brisbane Branch Enterprise Agreement 2023. The application centred on the proposed terms and conditions of employment within the enterprise agreement, which was intended to regulate the relationship between the employer and its employees in the Brisbane branch.

The legal issues before the Commission included whether the proposed agreement complied with the Fair Work Act 2009, particularly in terms of minimum entitlements, procedural fairness, and the process by which the agreement was made. The Commission also needed to determine whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the process by which the agreement was made, the parties' bargaining power, and the terms of the proposed agreement against the statutory minimum standards. The Commission found that the agreement was made in good faith and that the process followed was procedurally fair. The terms of the agreement were found to be fair and reasonable, providing for minimum entitlements and additional benefits for the employees. The Commission approved the agreement, noting that it met the requirements of the Fair Work Act 2009.

The final orders of the Commission included the approval of the Dunbrae Pty Ltd Brisbane Branch Enterprise Agreement 2023, with the agreement to be registered with the Fair Work Commission. The agreement was to commence on the first day of the month following the registration date and would apply to the employees of the Brisbane branch of Dunbrae Pty Ltd.

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