Mark de Carteret T/A Workplace IR Services Summary

[2023] FWCA 2524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mark de Carteret T/A Workplace IR Services

(AG2023/2355)

DE NEEFE SIGNS MELBOURNE MANUFACTURING/PRODUCTION EMPLOYEES, ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 14 AUGUST 2023

Application for approval of the De Neefe Signs Melbourne Manufacturing/Production Employees, Enterprise Agreement 2023

Mark de Carteret T/A Workplace IR Services has applied for approval of a single enterprise agreement known as the De Neefe Signs Melbourne Manufacturing/Production Employees, Enterprise Agreement 2023 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 21 August 2023. The nominal expiry date of the Agreement is 14 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Mark de Carteret, trading as Workplace IR Services, who sought approval of the De Neefe Signs Melbourne Manufacturing/Production Employees, Enterprise Agreement 2023. The application was brought before the Fair Work Commission. The primary dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the bargaining process, the fairness of its terms, and its overall compliance with relevant industrial standards.

The court had to determine whether the bargaining process for the agreement was conducted fairly and in good faith, and whether the agreement met the statutory criteria for approval. This included assessing whether the agreement was made without any improper influence or coercion, and whether it provided for appropriate minimum terms and conditions of employment. Additionally, the court considered whether the agreement contained terms that were contrary to public policy or that would have an adverse effect on the broader industrial relations system.

After examining the evidence and submissions presented, the Fair Work Commission found that the agreement was made in good faith and without any improper influence. The court was satisfied that the agreement met the statutory criteria for approval and contained appropriate minimum terms and conditions. The Commission determined that the agreement did not include any terms that were contrary to public policy or detrimental to the industrial relations system. Consequently, the application for approval was granted.

The Fair Work Commission approved the De Neefe Signs Melbourne Manufacturing/Production Employees, Enterprise Agreement 2023, confirming its compliance with the Fair Work Act 2009. The agreement is now recognised as a valid enterprise agreement, effective from the date of approval.

Mark de Carteret T/A Workplace IR Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established