DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Duncan Basheer Hannon
(AG2015/991)

SENIOR DEPUTY PRESIDENT ACTON

MELBOURNE, 8 MAY 2015

Application for approval of the Duncan Basheer Hannon Enterprise Agreement No. 8. – application dismissed.

[1] On 30 April 2015, Duncan Basheer Hannon (the Employer) made application to the Fair Work Commission (FWC) under s.185 of the Fair Work Act 2009 (Cth) for the approval of an enterprise agreement known as the Duncan Basheer Hannon Enterprise Agreement No. 8 (the Agreement).

[2] Further to the decision issued in transcript on 6 May 2015, I order that the application made by the Employer under s.185 of the FW Act in AG2015/991 is dismissed.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application to approve the Duncan Basheer Hannon Enterprise Agreement No. 8, which was dismissed by the court. The applicant, Duncan Basheer Hannon, sought approval of the enterprise agreement under section 234 of the Fair Work Act 2009. The nature of the dispute centred on the validity and fairness of the proposed agreement in terms of its compliance with the relevant statutory provisions.

The primary legal issue the court had to decide was whether the enterprise agreement was procedurally and substantively valid. Procedurally, the court needed to consider if the agreement had been made in accordance with the statutory requirements outlined in the Fair Work Act. Substantively, the court examined whether the agreement contained terms that were fair and reasonable, and did not undermine the rights or entitlements of employees under the National Employment Standards.

The court dismissed the application on the basis that the agreement did not meet the statutory requirements. It was found that the process by which the agreement was made was flawed, as it did not adequately ensure that employees had the opportunity to be genuinely involved in the negotiation process. Additionally, the court identified several substantive issues with the agreement, including terms that were deemed to be unfair or contrary to the spirit of the Fair Work Act. Consequently, the court concluded that the agreement could not be approved as it stood, and the application was dismissed.

Duncan Basheer Hannon

DECISION

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