DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J Davison Nominees Pty Ltd T/A Davison Earthmovers
(AG2016/6469)

J DAVISON NOMINEES PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 OCTOBER 2016

Application for approval of the J Davison Nominees Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the J Davison Nominees Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J Davison Nominees Pty Ltd T/A J Davison Earthmovers. 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. 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.

[3] The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, J Davison Nominees Pty Ltd trading as Davison Earthmovers, sought approval of the J Davison Nominees Pty Ltd Enterprise Agreement 2016 from the Fair Work Commission. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, which represented certain employees of the company. The crux of the dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, particularly focusing on the procedural fairness and the good faith bargaining aspects.

The central legal issues revolved around whether the enterprise agreement was genuinely negotiated and whether the applicants had engaged in good faith bargaining with the union. The union argued that the agreement had not been genuinely negotiated, citing that it had been imposed on the employees without adequate consultation and that the applicants had not demonstrated a genuine intent to reach an agreement. The applicants, on the other hand, contended that the agreement was the result of genuine negotiations and that they had acted in good faith throughout the bargaining process.

The Fair Work Commission, in considering the evidence and submissions from both parties, found that the applicants had indeed engaged in genuine negotiations and had acted in good faith. The Commission emphasised the importance of procedural fairness and the genuine intent to reach an agreement. It concluded that the agreement met the statutory requirements for approval and found in favour of the applicants. Consequently, the application for approval of the enterprise agreement was approved.

The Fair Work Commission ordered that the J Davison Nominees Pty Ltd Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. This decision provided clarity on the procedural requirements for enterprise agreements and reinforced the importance of genuine negotiations and good faith in the bargaining process.

J Davison Nominees Pty Ltd T/A Davison Earthmovers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established