John Danks & Son Pty Ltd Summary

[2014] FWCA 6510

FAIR WORK COMMISSION

DECISION

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

John Danks & Son Pty Ltd
(AG2014/8764)

JOHN DANKS & SON PTY LTD WESTERN AUSTRALIAN DISTRIBUTION CENTRE EMPLOYEES' ENTERPRISE AGREEMENT 2014-2017

Retail industry
COMMISSIONER BULL	SYDNEY, 17 SEPTEMBER 2014

Application for approval of the John Danks & Son Pty Ltd Western Australian Distribution Centre Employees’ Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the John Danks & Son Pty Ltd Western Australian Distribution Centre Employees’ Enterprise Agreement 2014-2017 (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.

Model flexibility term

[2] In the Form F17 - Employer’s statutory declaration in support of an application for approval of an enterprise agreement (Form F17), the employer declared that the flexibility term could be found at clause 4 of the Agreement. Clause 4 of the Agreement states that workplace flexibility will be managed in line with the model flexibility term as per Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations).

[3] As such, the model flexibility term found at Schedule 2.2 of the Regulations will be taken to be a term of the Agreement.

[4] A copy of the model flexibility term is attached at Annexure A.

[5] The Shop, Distributive and Allied Employees Association 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) I note that the Agreement covers this organisation.

[6] The Agreement will cover employees working in the Distribution Centre located at Tomah Road, Weshpool in Western Australian and who are engaged in a classification under the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

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

[8] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 24 September 2014. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved John Danks & Son Pty Ltd, a company operating in the distribution sector, and its employees. The dispute centred around the approval of the John Danks & Son Pty Ltd Western Australian Distribution Centre Employees’ Enterprise Agreement 2014-2017. The application for approval was lodged with the Fair Work Commission. The legal issues at hand required the court to determine whether the enterprise agreement complied with the relevant legislative provisions, particularly those concerning the fairness and enforceability of the terms stipulated within the agreement.

The court examined several aspects of the agreement, including the procedural fairness in its negotiation, the adherence to the statutory requirements for enterprise agreements, and the overall fairness of the terms to the employees. It was crucial to assess whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms as prescribed by the Fair Work Act 2009. Additionally, the court considered whether the agreement was likely to have a detrimental effect on the employees and if it provided adequate protections and benefits.

Upon reviewing the evidence and submissions, the court concluded that the agreement was fairly negotiated and did not contravene any statutory requirements. The terms were found to be fair and reasonable, providing appropriate protections and benefits to the employees. Consequently, the court approved the enterprise agreement, finding that it met all the necessary criteria for approval under the Fair Work Act 2009. The decision affirmed the validity of the agreement, allowing it to come into effect as per the stipulated dates.

John Danks & Son Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established