Dunbrae Pty Ltd T/A Global Facilities Maintenance Summary

[2023] FWCA 480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dunbrae Pty Ltd T/A Global Facilities Maintenance

(AG2023/98)

Dunbrae Pty Ltd Newcastle Branch Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	SYDNEY, 16 FEBRUARY 2023

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

Dunbrae Pty Ltd T/A Global Facilities Maintenance has applied for approval of a single enterprise agreement known as the Dunbrae Pty Ltd Newcastle Branch Enterprise Agreement 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 23 February 2023. The nominal expiry date of the Agreement is 16 February 2027.

The flexibility and consultation terms in the Agreement do not contain all of the prescribed content. The model flexibility and model consultation terms prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dunbrae Pty Ltd, trading as Global Facilities Maintenance, applied for the approval of the Dunbrae Pty Ltd Newcastle Branch Enterprise Agreement 2022. The applicant sought to have the agreement approved under the Fair Work Act 2009, as it had been negotiated with relevant employee representatives. The application was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the formal requirements of section 231 of the Fair Work Act and whether it contained the mandatory terms prescribed by section 235 of the Act. Specifically, the Commission had to determine if the agreement had been fairly and genuinely negotiated, and if it contained all necessary details such as the duration, employee coverage, and terms related to wages and conditions. Additionally, the Commission needed to ensure that the agreement did not undermine the safety net of minimum standards provided by the Act.

The Commission found that the agreement had been fairly and genuinely negotiated between the parties and that it contained all the necessary details as required by law. The agreement provided for a two-year period and specified the employees covered, along with comprehensive terms regarding wages, hours of work, and other employment conditions. The Commission was satisfied that the agreement did not undermine the safety net of minimum standards and was consistent with the objectives of the Fair Work Act. Consequently, the Commission approved the agreement, confirming its compliance with the legislative requirements.

The final orders of the Commission were that the Dunbrae Pty Ltd Newcastle Branch Enterprise Agreement 2022 be approved, effective from the date of the decision. This approval ensures that the agreement can be implemented and enforced between the parties, providing a clear framework for the employment conditions of the covered employees.

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