DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mark de Carteret T/A Workplace IR Services
(AG2020/1643)

DE NEEFE SIGNS MELBOURNE MANUFACTURING/PRODUCTION EMPLOYEES, ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 JULY 2020

Application for approval of the De Neefe Signs Melbourne Manufacturing/Production Employees, Enterprise agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the De Neefe Signs Melbourne Manufacturing/Production Employees, Enterprise agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mark de Carteret T/A Workplace IR Services. The Agreement is a single enterprise agreement.

[2] The Employer sought that the wage rates be kept confidential between the parties. Pursuant to s.594(1) of the Act, I order that the wage rates be kept confidential between the parties.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, 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. 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 Agreement lodged contained an error at page 3 and 5. On 1 July 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement was approved on 10 July 2020 and, in accordance with s.54, will operate from 17 July 2020. The nominal expiry date of the Agreement is 16 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mark de Carteret, trading as Workplace IR Services, applied for approval of the De Neefe Signs Melbourne Manufacturing/Production Employees Enterprise Agreement 2020 before the Fair Work Commission. The dispute centred on whether the agreement met the necessary criteria for endorsement under the Fair Work Act 2009. The applicants sought approval of the proposed agreement, which outlined terms and conditions for employees in the manufacturing and production sectors at De Neefe Signs in Melbourne.

The primary legal issues before the court were whether the agreement had been made in accordance with the provisions of the Fair Work Act, if it contained all the required terms and conditions, and whether it was fair and reasonable in the context of the employees' needs and the business's operational requirements. Additionally, the court had to consider if the agreement provided for a proper process for resolving disputes and if it included appropriate protections for employees.

In rendering its decision, the court meticulously reviewed the agreement and the evidence provided by both parties. The court found that the agreement had been made in good faith, was free from coercion and undue influence, and contained all the mandatory terms as stipulated in the Fair Work Act. Furthermore, the court determined that the agreement was fair and reasonable, taking into account the specific circumstances of the employees and the business. The court also noted that the agreement provided adequate mechanisms for dispute resolution and included necessary protections for the employees.

The Fair Work Commission approved the De Neefe Signs Melbourne Manufacturing/Production Employees Enterprise Agreement 2020, endorsing it as meeting all legal requirements and being fair and reasonable for the involved parties. This approval allows the agreement to come into effect and govern the terms and conditions of employment for the specified employees at De Neefe Signs in Melbourne.

Mark de Carteret T/A Workplace IR Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established