DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Minchinton Pty Ltd t/a Doboy Cold Stores
(AG2015/4377)

DOBOY COLD STORES’ ENTERPRISE AGREEMENT - 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 1 SEPTEMBER 2015

Application for approval of the Doboy Cold Stores’ Enterprise Agreement - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Doboy Cold Stores’ Enterprise 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 Minchinton Pty Ltd t/a Doboy Cold Stores. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 1 September 2015 and, in accordance with s.54, will operate from 8 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Minchinton Pty Ltd trading as Doboy Cold Stores and its employees, represented by the National Union of Workers. The dispute arose in relation to the approval of the Doboy Cold Stores’ Enterprise Agreement - 2015. The matter was heard by the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The employees contested the proposed agreement, arguing that it did not adequately protect their rights and interests.

The primary legal issue before the Commission was whether the Doboy Cold Stores’ Enterprise Agreement - 2015 met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement had been made in accordance with the procedural and substantive fairness criteria set out in the Act. The Commission examined whether the agreement was genuinely negotiated and not the result of coercion or undue influence. It also considered whether the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees.

The Commission found that the Doboy Cold Stores’ Enterprise Agreement - 2015 had been genuinely negotiated and was fair and reasonable. It concluded that the agreement complied with the procedural and substantive fairness criteria. The Commission noted that the employer had provided evidence of the negotiation process and the efforts made to reach a consensus with the employees. The Commission also found that the terms of the agreement were fair and balanced, considering the interests of both parties. The Commission approved the Doboy Cold Stores’ Enterprise Agreement - 2015, ensuring that it would now form the basis of the employment relationship between the employer and the employees.

The Fair Work Commission approved the Doboy Cold Stores’ Enterprise Agreement - 2015, and the agreement will now govern the employment relationship between Minchinton Pty Ltd and its employees. This decision provides clarity and certainty for both the employer and the employees, ensuring that their rights and obligations are protected under the terms of the approved agreement.

Minchinton Pty Ltd t/a Doboy Cold Stores

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established