K.W. Doggett & Co Pty Ltd T/A K.W. Doggett Fine Paper

Case [2015] FWCA 1994
[2015] FWCA 1994
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.185—Enterprise agreement

K.W. Doggett & Co Pty Ltd T/A K.W. Doggett Fine Paper
(AG2015/472)

K W DOGGETT & CO PTY LTD (VICTORIA) AGREEMENT 2015

Timber and paper products industry

COMMISSIONER BLAIR

MELBOURNE, 24 MARCH 2015

Application for approval of the K W Doggett & Co Pty Ltd (Victoria) Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the K W Doggett & Co Pty Ltd (Victoria) Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by K.W. Doggett & Co Pty Ltd T/A K.W. Doggett Fine Paper (the Applicant)

[2] 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.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from31 March 2015. The nominal expiry date of the Agreement is 30 March 2018.

ANNEXURE A

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Details
AGLC
K.W. Doggett & Co Pty Ltd T/A K.W. Doggett Fine Paper [2015] FWCA 1994
Case
[2015] FWCA 1994
Decision Date

CaseChat Overview and Summary

The applicant, K.W. Doggett & Co Pty Ltd, trading as K.W. Doggett Fine Paper, sought approval of the K W Doggett & Co Pty Ltd (Victoria) Agreement 2015 from the Fair Work Commission. The matter was heard in the Fair Work Commission, with the aim of ensuring that the agreement was fair and met the requirements set out in the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement was in accordance with the Fair Work Act 2009 and the Fair Work Regulations 2009, and whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement. The court needed to consider the nature of the agreement, its compliance with the relevant legislation, and whether it provided for fair and reasonable terms and conditions for the employees involved.

The Fair Work Commission found that the agreement was compliant with the Fair Work Act 2009 and the Fair Work Regulations 2009, and provided for fair and reasonable terms and conditions for the employees covered by the agreement. The Commission took into account the evidence presented by the applicant, the submissions made by the parties, and the relevant legislation in reaching its decision. The Commission was satisfied that the agreement was fair and met the requirements set out in the Fair Work Act 2009.

The Fair Work Commission approved the K W Doggett & Co Pty Ltd (Victoria) Agreement 2015, and the applicant's application for approval was successful. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement. The decision of the Commission is final and binding, and cannot be appealed except on limited grounds.

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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