DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Nils Hansen T/A Danica Carpentry Pty Ltd
(AG2019/3550)

AG2019/3550 - APPLICATION BY NILS HANSEN T/A DANICA CARPENTRY PTY LTD

Building, metal and civil construction industries
DEPUTY PRESIDENT BULL	SYDNEY, 11 NOVEMBER 2019

Application for approval of the Danica Carpentry Ptd Ltd Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by Nils Hansen T/A Danica Carpentry Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Danica Carpentry Ptd Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

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

[3] The employer provided pre-emptive undertakings to the Agreement which were not requested nor required by the Commission.

[4] The Agreement’s consultation term was not in accordance with sub-sections 205(1A)(b) and (c) of the Act. 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. A copy of the model consultation term is attached at the end of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Nils Hansen trading as Danica Carpentry Pty Ltd, sought approval of the Danica Carpentry Pty Ltd Enterprise Agreement 2019. The respondents were the Australian Manufacturing Workers Union and several employees of Danica Carpentry. The primary dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring it provided for minimum terms and conditions of employment.

The court had to determine if the agreement provided for all the minimum terms and conditions as required by the Act and whether it was free from any illegality or unfairness. Additionally, the court needed to assess if the agreement had been made in accordance with the procedural requirements set out in the Act, including whether there was genuine bargaining between the parties. The fairness of the agreement, particularly in terms of whether it was made without any coercion or undue influence, was also considered.

The Fair Work Commission found that the agreement did meet the statutory requirements. The court was satisfied that the agreement provided for all the minimum terms and conditions as required by the Act. It was also found that the agreement had been made through genuine bargaining, and there was no evidence of any illegality, coercion, or undue influence. The agreement was thus deemed to be fair and reasonable. The application was subsequently approved, and the enterprise agreement was registered.

Nils Hansen T/A Danica Carpentry Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established