[2014] FWCA 322 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
John Danks & Son Pty Ltd
(AG2014/3361)
JOHN DANKS & SON PTY LTD ENTERPRISE AGREEMENT 2013-2015
Storage services | |
COMMISSIONER ROE | MELBOURNE, 13 JANUARY 2014 |
Application for approval of the John Danks & Son Pty Ltd Enterprise Agreement 2013-2015.
[1] An application has been made for approval of an enterprise agreement known as the John Danks & Son Pty Ltd Enterprise Agreement 2013-2015 (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] The application was not lodged within 14 days after the agreement was made. The reason for the delay was related to Christmas and end of year shutdown.
[3] Pursuant to s.185(3)(b) of the Act, in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.
[4] 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.
[5] 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 s.201(2) of the Act I note that the Agreement covers this organisation.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2014. The nominal expiry date of the Agreement is 31 March 2016.
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- AGLC
- John Danks and Son Pty Ltd [2014] FWCA 322
- Case
- [2014] FWCA 322
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission were whether the agreement was genuinely a product of genuine bargaining, whether it contained all the mandatory terms prescribed by the Fair Work Act, and if it provided fair and reasonable terms and conditions for the employees. The Commission had to consider the nature of the bargaining process, the content of the agreement, and the fairness of its terms to various stakeholders, including the employees and the employer.
In its decision, the Commission found that the agreement had been genuinely bargained between the parties, and it contained all the mandatory terms required by the Fair Work Act. The Commission also determined that the agreement provided fair and reasonable terms for the employees. It took into account the complexity of the bargaining process, the input from both parties, and the overall fairness of the agreement's provisions. Consequently, the Commission approved the agreement, ensuring that it would be applicable for the specified period of 2013-2015.
In approving the enterprise agreement, the Commission made specific orders to formalise the agreement and ensure its implementation. The agreement was to be registered with the Fair Work Commission, and the parties were required to take all necessary steps to ensure its compliance with the Fair Work Act. Additionally, the Commission ordered that the agreement would be binding on all employees covered by the agreement, as well as on the employer. This decision provided certainty and stability to both the employer and the employees, and facilitated a cooperative industrial relations environment.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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