Duratray International Pty Ltd Summary

[2013] FWCA 4860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Duratray International Pty Ltd
(AG2013/6404)

DURATRAY INTERNATIONAL ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 22 JULY 2013

Application for approval of the Duratray International Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Duratray International Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The National Union of Workers, 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) of the Act I note that the Agreement covers the organisation.

[4] I had some concerns regarding clause 7.1 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated his/their support for the undertaking.

[5] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Duratray International Pty Ltd applied for the approval of the Duratray International Enterprise Agreement 2012. The applicant is an employer engaged in the manufacture and sale of plastic products. The dispute concerns the terms and conditions of employment for the company’s workers. The Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues that the Commission had to decide included whether the agreement was made in good faith, whether it met the procedural requirements, and whether it provided for terms and conditions that were fair and reasonable. Specifically, the Commission needed to assess if the agreement had been properly negotiated and if it included adequate provisions for minimum wages, leave entitlements, and other employment standards. The Commission also considered the extent to which the agreement adhered to the principles of harmonious, cooperative, and productive workplace relations.

After examining the evidence and submissions from both parties, the Commission found that the agreement was made in good faith and met the necessary procedural standards. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including adequate provisions for minimum wages, leave entitlements, and other employment standards. The Commission noted that the agreement was the result of genuine negotiations between the employer and the employees' representatives and reflected a cooperative approach to workplace relations. Consequently, the Commission approved the Duratray International Enterprise Agreement 2012.

Duratray International Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established