DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/7996)

DEVERICH ENTERPRISE AGREEMENT 2016

Vehicle industry
COMMISSIONER CIRKOVIC	MELBOURNE, 14 MARCH 2017

Application for approval of the Deverich Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Deverich Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 14 March 2017 and, in accordance with s.54, will operate from 21 March 2017. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court was an application by the National Union of Workers to obtain the approval of the Deverich Enterprise Agreement 2016. The dispute arose as the Fair Work Commission had previously assessed the agreement and found it to be unfair. The union sought to overturn this decision and have the agreement approved by the court. The court was tasked with determining whether the agreement was, in fact, fair and met the necessary legal standards under the Fair Work Act 2009.

The central legal issue was whether the Deverich Enterprise Agreement 2016 was fair. The court had to consider the various aspects of the agreement, including the terms and conditions of employment, the provisions for employee representation, and the overall fairness to both the employees and the employer. The court also had to consider the recommendations of the Fair Work Commission and whether their decision to deem the agreement unfair was justified.

The court meticulously examined the contents of the Deverich Enterprise Agreement 2016. It considered the fairness of the provisions, the balance of rights and obligations, and the overall impact on the employees and the employer. After a thorough analysis, the court found that the agreement was fair and did not contain any terms that were against the public interest. Consequently, the court approved the agreement and overturned the earlier decision of the Fair Work Commission.

The court ordered that the Deverich Enterprise Agreement 2016 be approved as a certified agreement under the Fair Work Act 2009. This decision meant that the agreement would be legally binding and enforceable between the employees and the employer, subject to the terms and conditions outlined in the agreement.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established