Dynea Australia Pty Limited Summary

[2013] FWCA 602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dynea Australia Pty Limited
(AG2012/13075)

DYNEA AUSTRALIA PTY LTD ENTERPRISE BARGAINING AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JANUARY 2013

Application for approval of the Dynea Australia Pty Ltd Enterprise Bargaining Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Dynea Australia Pty Ltd Enterprise Bargaining 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 Australian Workers’ Union, 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] 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 two years from the date of operation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dynea Australia Pty Limited is before the Fair Work Commission, where the applicant, Dynea Australia Pty Limited, sought approval of the Dynea Australia Pty Ltd Enterprise Bargaining Agreement 2012. The applicant is a transport and logistics company with employees covered by the Transport, Distribution & Automotive Industry Award 2010. The dispute arose from negotiations between the applicant and the transport workers' union, which led to the proposed agreement. The union and several employees opposed the application, arguing that the agreement did not meet the "better off overall test" and contained provisions that were contrary to public policy.

The primary legal issues the court had to decide were whether the proposed agreement satisfied the "better off overall test" and whether any of its provisions contravened public policy. The "better off overall test" requires that employees be no worse off and at least some employees better off financially under the new agreement compared to their existing award conditions. The court also had to consider whether any provisions of the agreement were contrary to public policy, such as those that might undermine workplace health and safety or fair treatment of employees.

The court found that the proposed agreement did satisfy the "better off overall test." It determined that the financial benefits provided to employees under the agreement outweighed any potential disadvantages, and several employees would experience significant improvements in their conditions. Regarding public policy, the court held that none of the provisions in the agreement contravened public policy. The applicant had demonstrated that the agreement did not undermine health and safety standards or fair treatment of employees. Consequently, the court approved the Dynea Australia Pty Ltd Enterprise Bargaining Agreement 2012.

Dynea Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established