DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LC Dysons Bus Services Pty Ltd T/A Dyson Group of Companies
(AG2020/3258)

LC DYSONS BUS SERVICES FLEET SERVICES ENTERPRISE AGREEMENT 2020 - 2024

Vehicle industry
COMMISSIONER MCKINNON	MELBOURNE, 11 NOVEMBER 2020

Application for approval of the LC Dysons Bus Services Fleet Services Enterprise Agreement 2020 - 2024.

[1] Application has been made by LC Dysons Bus Services Pty Ltd t/a Dyson Group of Companies for approval of a single enterprise agreement known as the LC Dysons Bus Services Fleet Services Enterprise Agreement 2020 - 2024 (the Agreement).

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2020. The nominal expiry date of the Agreement is 1 September 2024.

[4] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by LC Dysons Bus Services Pty Ltd, trading as Dyson Group of Companies, for the approval of the LC Dysons Bus Services Fleet Services Enterprise Agreement 2020-2024. The application was heard in the Fair Work Commission. The dispute centred around the fairness and validity of the proposed enterprise agreement, which was to govern the employment conditions of certain employees within the Dyson Group of Companies.

The legal issues before the court involved determining whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Key considerations included whether the agreement provided for the appropriate minimum terms and conditions, and whether the agreement was genuinely negotiated between the employer and the relevant employee representatives. Additionally, the court examined whether the agreement was free from any unfair content and if it complied with the procedural fairness requirements.

In its decision, the court examined the evidence provided by both parties and the negotiation process that led to the agreement. The court found that the agreement was fairly negotiated and contained no unfair content. It also determined that the agreement provided for all the minimum terms and conditions as required by the Fair Work Act. Furthermore, the court confirmed that the necessary procedural fairness was observed during the negotiation process. Based on these findings, the court approved the LC Dysons Bus Services Fleet Services Enterprise Agreement 2020-2024.

The final orders of the court included the approval of the enterprise agreement, which would now govern the employment conditions of the relevant employees for the specified period. The decision confirmed that the agreement was valid and enforceable, and it set out the terms and conditions under which the employees would be employed.

LC Dysons Bus Services Pty Ltd T/A Dyson Group of Companies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established