DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DWW Engineering Pty Ltd
(AG2018/6429)

DWW ENGINEERING PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 APRIL 2019

Application for approval of the DWW Engineering Pty Ltd Employee Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the DWW Engineering Pty Ltd Employee Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DWW Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 11 April 2019 and, in accordance with s.54, will operate from 18 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, DWW Engineering Pty Ltd applied for approval of the DWW Engineering Pty Ltd Employee Enterprise Agreement 2018-2021. The applicant, an engineering company, sought to formalise its terms and conditions of employment for its workers. The application was met with scrutiny as various aspects of the proposed agreement needed to comply with the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the legislative requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained all the mandatory terms prescribed by the Act, was free from prohibited content, and if it had been fairly negotiated. Additionally, the Commission needed to consider whether the agreement would have a detrimental effect on the broader industrial relations system.

After examining the proposed agreement, the Commission found that it contained all the mandatory terms as required by the Fair Work Act. The agreement was also free from any prohibited content and was deemed to have been fairly negotiated, meeting the statutory requirements. Furthermore, the Commission concluded that the agreement would not have a detrimental effect on the industrial relations system. Consequently, the application for approval was granted.

The Fair Work Commission approved the DWW Engineering Pty Ltd Employee Enterprise Agreement 2018-2021, subject to the terms and conditions set out in the agreement. The approved agreement will now be in effect for the duration specified, governing the employment terms and conditions of the workers within the company.

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