Dux Manufacturing Limited

[2022] FWCA 3271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dux Manufacturing Limited

(AG2022/3745)

Dux Manufacturing Moss Vale Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 SEPTEMBER 2022

Application for approval of the Dux Manufacturing Moss Vale Enterprise Agreement 2022

Dux Manufacturing Limited (the Employer) has made an application for approval of an enterprise agreement known as the Dux Manufacturing Moss Vale Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 19 September 2022 and, in accordance with s 54, will operate from 26 September 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Dux Manufacturing Limited and their employees. The dispute centred around the approval of the Dux Manufacturing Moss Vale Enterprise Agreement 2022. The Commission was required to determine whether the agreement met the necessary legislative requirements for approval under the Fair Work Act 2009.

The central legal issues the Commission had to decide were whether the agreement was genuinely negotiated, free from any coercive or unfair practices, and whether it complied with all the relevant provisions of the Fair Work Act. Specifically, the Commission needed to examine whether the agreement provided for appropriate pay and conditions, including minimum rates of pay, and whether it contained any unfair terms that might undermine the employees' rights.

In considering these issues, the Commission examined the evidence provided by both parties and assessed the process by which the agreement was negotiated. It found that the agreement was the result of genuine bargaining between the employer and the employees, free from any undue influence or coercion. The Commission also concluded that the agreement met all the statutory requirements, including the provision for fair and reasonable terms and conditions of employment. The Commission approved the Dux Manufacturing Moss Vale Enterprise Agreement 2022, highlighting its compliance with the Fair Work Act and its benefits for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established