DECISION

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

DWW Engineering Pty Ltd
(AG2015/3785)

DWW ENGINEERING PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 JULY 2015

Application for approval of the DWW Engineering Pty Ltd Employee Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the DWW Engineering Pty Ltd Employee Enterprise Agreement 2015 - 2018 (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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 22 July 2015. The nominal expiry date of the Agreement 30 June 2018.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DWW Engineering Pty Ltd applied to the Fair Work Commission for approval of an employee enterprise agreement, with the Australian Manufacturing Workers' Union as the sole registered union involved. The dispute centred on the agreement's provisions concerning wages, conditions, and other employment terms for the employees. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements set out in the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement provided for fair and reasonable terms and conditions of employment, as mandated by the Fair Work Act. Specifically, the Commission needed to assess whether the proposed wage rates and conditions were fair and reasonable, and whether the agreement had been genuinely negotiated and not imposed by one party over the other. The Commission also considered whether the agreement included appropriate dispute resolution mechanisms.

After careful consideration of the submissions and evidence, the Fair Work Commission found that the DWW Engineering Pty Ltd Employee Enterprise Agreement 2015 - 2018 was fair and reasonable. The Commission concluded that the agreement had been genuinely negotiated, and that it provided for fair and reasonable terms and conditions of employment. The Commission also noted that the agreement included appropriate dispute resolution mechanisms, which were considered adequate for the purposes of the Fair Work Act. As a result, the Fair Work Commission approved the agreement.

The Fair Work Commission ordered that the DWW Engineering Pty Ltd Employee Enterprise Agreement 2015 - 2018 be approved and registered, effective from the date of the Commission's decision. The agreement will now be binding on all employees covered by it, as well as on DWW Engineering Pty Ltd and the Australian Manufacturing Workers' Union.

DWW Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established