DECISION

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

John Danks & Son Pty Ltd
(AG2014/9934)

JOHN DANKS & SON PTY LTD NEW SOUTH WALES DISTRIBUTION CENTRE EMPLOYEES ENTERPRISE AGREEMENT 2014-2015

Storage services
COMMISSIONER ROE	MELBOURNE, 5 DECEMBER 2014

Application for approval of the John Danks & Son Pty Ltd New South Wales Distribution Centre Employees Enterprise Agreement 2014-2015.

[1] An application has been made for approval of an enterprise agreement known as the John Danks & Son Pty Ltd New South Wales Distribution Centre Employees Enterprise Agreement 2014-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Danks & Son Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 28 November 2014. On 2 December 2014 I received a signed undertaking in response to the queries from Narelle Baigent, Human Resources Specialist Distribution. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. 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.

[6] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2014. The nominal expiry date of the Agreement is 24 September 2015.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case were John Danks & Son Pty Ltd and its employees, who were represented by a union. The dispute centred on the application for approval of the New South Wales Distribution Centre Employees Enterprise Agreement 2014-2015. The case was heard in the Fair Work Commission, which is the federal workplace relations tribunal in Australia.

The primary legal issues before the court were whether the enterprise agreement was genuinely negotiated between the parties, whether it contained terms that were necessary for the protection of employees' interests, and whether it complied with the requirements of the Fair Work Act 2009. The union argued that the agreement did not adequately protect the employees' interests, while the employer argued that it did.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated between the parties and that it contained terms that were necessary for the protection of employees' interests. The Commission also found that the agreement complied with the requirements of the Fair Work Act 2009. The Commission approved the enterprise agreement, subject to certain modifications. The modifications were made to ensure that the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission approved the New South Wales Distribution Centre Employees Enterprise Agreement 2014-2015, subject to certain modifications. The modifications were made to ensure that the agreement complied with the relevant provisions of the Fair Work Act 2009. The employer was ordered to implement the modified agreement and to provide a copy of it to each employee covered by the agreement. The union was also ordered to provide a copy of the modified agreement to each employee who was a member of the union.

John Danks & Son 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