Robert Davidson T/A Davidson Workplace Solutions Pty Ltd

[2024] FWCA 4317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Robert Davidson T/A Davidson Workplace Solutions Pty Ltd

(AG2024/4406)

WEST DALY REGIONAL COUNCIL ENTERPRISE AGREEMENT 2024

Local government administration
COMMISSIONER TRAN	MELBOURNE, 5 DECEMBER 2024

Application for approval of the West Daly Regional Council Enterprise Agreement 2024

Robert Davidson T/A Davidson Workplace Solutions Pty Ltd has applied for approval of an enterprise agreement known as the West Daly Regional Council Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 December 2024.

In accordance with clause 4.2, the nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Robert Davidson, trading as Davidson Workplace Solutions Pty Ltd, has applied to the Fair Work Commission for approval of the West Daly Regional Council Enterprise Agreement 2024. This agreement is proposed between Davidson Workplace Solutions Pty Ltd and its employees represented by the Building and Construction Trades Union. The dispute revolves around the terms and conditions of employment, including wages, hours, and other workplace entitlements.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, including ensuring the agreement was not contrary to public interest and provided a safety net for employees. The Commission also needed to determine if the agreement complied with the procedural fairness requirements and was consistent with relevant legislative instruments.

The Commission examined the submissions from both parties and found that the agreement generally complied with the Fair Work Act 2009. The Commission considered the procedural fairness of the agreement's negotiation process, the substantive fairness of the terms, and whether the agreement provided a safety net. The Commission concluded that the agreement was fair and balanced, with adequate provisions for employee rights and protections. The Commission approved the agreement, noting that while some provisions could be improved, the overall fairness and benefits of the agreement outweighed these concerns.

The Fair Work Commission approved the West Daly Regional Council Enterprise Agreement 2024, subject to certain conditions, including a requirement for the parties to review and report on the agreement's implementation within six months. The approval is effective from the date of the decision, and the agreement will apply to the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established