Dunbrae Pty Ltd T/A Global Food Equipment

[2013] FWCA 2837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Dunbrae Pty Ltd T/A Global Food Equipment
(AG2013/1034)

GLOBAL FOOD EQUIPMENT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 9 MAY 2013

Application for approval of the Global Food Equipment Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Global Food Equipment Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Dunbrae Pty Ltd trading as Global Food Equipment. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 May 2013. The nominal expiry date is three (3) years from the date of approval of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dunbrae Pty Ltd, trading as Global Food Equipment, applied to the Fair Work Commission for approval of the Global Food Equipment Enterprise Agreement 2013. The dispute involved the terms and conditions of employment for the workers under this agreement. The Fair Work Commission was the body that needed to decide whether the agreement met the legal criteria for approval.

The primary legal issues before the Commission were whether the agreement provided for minimum terms and conditions as required by the Fair Work Act 2009, and whether it complied with the procedural requirements for approval. Specifically, the Commission had to assess if the agreement was made in good faith and if it had been properly certified by the Australian Building and Construction Commission. The Commission also considered if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and other relevant laws.

The Fair Work Commission found that the agreement met all the statutory requirements and was made in good faith. It was certified correctly and contained all the necessary minimum terms and conditions. The Commission approved the agreement, acknowledging its compliance with the legislative framework. This decision was based on the evidence presented and the legal standards applicable to enterprise agreements.

The Fair Work Commission approved the Global Food Equipment Enterprise Agreement 2013, confirming its compliance with the Fair Work Act 2009 and related laws. This approval ensures that the terms of employment for the workers are legally sound and appropriately regulated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established