DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dynatech Industries Pty Ltd
(AG2018/3375)

DYNATECH INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 26 OCTOBER 2018

Application for approval of the Dynatech Industries Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Dynatech Industries Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dynatech Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2018. The nominal expiry date of the Agreement is 25 October 2022.

COMMISSIONER

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CaseChat Overview and Summary

Dynatech Industries Pty Ltd applied for the approval of the Enterprise Agreement 2018 - 2022 in the Fair Work Commission. The agreement was entered into between Dynatech Industries and the Manufacturing and Food Workers' Union, and sought to regulate the employment terms of the company's workers. The union argued that the agreement met the requirements of the Fair Work Act 2009, while Dynatech Industries opposed the application on several grounds, including that the agreement did not meet the good faith bargaining requirement.

The court was required to determine whether the agreement was made in good faith and whether it complied with the requirements of the Fair Work Act. The court considered evidence from both parties and examined the bargaining process and the terms of the agreement. The union argued that the bargaining process was conducted in good faith and that the terms of the agreement were fair and reasonable. Dynatech Industries, on the other hand, argued that the union had not engaged in genuine negotiations and that the agreement contained provisions that were not in the best interests of the company.

The court found that the agreement was made in good faith and that it complied with the requirements of the Fair Work Act. The court noted that the union had engaged in extensive negotiations with the company and had made several concessions to reach an agreement. The court also found that the terms of the agreement were fair and reasonable, and that they provided for a fair and equitable outcome for both parties. The court rejected Dynatech Industries' arguments that the agreement was not in its best interests, finding that the provisions were necessary to ensure a fair outcome for the workers.

The Fair Work Commission approved the Enterprise Agreement 2018 - 2022, finding that it met the requirements of the Fair Work Act. The commission noted that the agreement provided for a fair and reasonable outcome for both parties and that it was made in good faith. The commission also found that the agreement contained provisions that were necessary to ensure a fair outcome for the workers, and that these provisions were not unreasonable or unfair to the company.

Dynatech Industries 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