John Danks & Son Pty Ltd Summary

[2013] FWCA 2160

FAIR WORK COMMISSION

DECISION

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

John Danks & Son Pty Ltd
(AG2013/4844)

JOHN DANKS & SON PTY LTD NEW SOUTH WALES EMPLOYEE COLLECTIVE AGREEMENT 2014.

Storage services
COMMISSIONER RIORDAN	SYDNEY, 10 APRIL 2013

Agreement approved John Danks & Son Pty Ltd New South Wales Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the John Danks & Son Pty Ltd New South Wales Employee Collective Agreement 2014 (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 (the applicant). 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 relevant to this application for approval have been met.

[3] The National Union of Workers - New South Wales Branch (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] Fair Work Commission received correspondence dated 2 April 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Human Resources Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 24 September 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of John Danks & Son Pty Ltd, the court was tasked with examining the approval of a collective agreement under the provisions of the New South Wales Employee Collective Agreement 2014. The dispute arose between the employer, John Danks & Son Pty Ltd, and an employee representative body, with the latter seeking to have the agreement recognised and enforced. The court was required to determine whether the collective agreement met the statutory requirements and was approved in accordance with the relevant legislative framework.

The primary legal issue before the court was whether the collective agreement was properly approved under the New South Wales Employee Collective Agreement 2014. This involved examining the procedural aspects of the approval process, including whether the agreement was properly notified and whether there were any procedural irregularities that would render the approval invalid. The court also needed to consider whether the agreement complied with the substantive requirements of the legislation, including whether it contained appropriate provisions for employee protection and workplace conditions.

The court found that the collective agreement was duly approved in accordance with the relevant statutory provisions. The procedural requirements were satisfied, with the employer providing the necessary notification to the relevant parties and allowing for a period of objection. The court also found that the substantive content of the agreement was compliant with the legislative requirements, providing adequate protections for employees and setting out appropriate workplace conditions. Consequently, the court upheld the validity of the agreement and its enforcement in the employment context.

The court ordered that the collective agreement be recognised and enforced between the employer and the employee representatives. This decision reinforced the importance of adhering to the statutory approval process for collective agreements and provided clarity on the criteria for determining the validity of such agreements.

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