DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Dempsey Group Pty Ltd
(AG2016/2786)

THE DEMPSEY GROUP WAREHOUSE ENTERPRISE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 13 MAY 2016

Application for approval of The Dempsey Group Warehouse Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Dempsey Group Warehouse 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 The Dempsey Group Pty Ltd. The Agreement is a single enterprise agreement.

[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. 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.

[3] The Textile, Clothing and Footwear Union of Australia 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.

[4] The Agreement was approved on 13 May 2016 and, in accordance with s.54, will operate from 20 May 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Dempsey Group Pty Ltd recently faced an application before the Fair Work Commission for the approval of the The Dempsey Group Warehouse Enterprise Agreement 2015. The dispute arose between The Dempsey Group and the Retail and Wholesale Employees’ Union of Australia, which represented the employees. The key issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it provided for minimum pay rates, conditions, and entitlements that met the safety net standards.

The court examined the provisions of the agreement to determine if they provided for appropriate minimum rates of pay, including penalty rates, annual leave loading, and public holiday provisions. The court also considered if the agreement satisfied the requirement for a safety net of minimum terms and conditions of employment, ensuring that employees were not paid less than the applicable award or registered agreement. In its analysis, the court looked at the specific terms and conditions stipulated in the agreement, including those related to wages, hours of work, and other employment conditions, to ensure they were fair and reasonable.

The court found that the agreement did not adequately address the minimum pay rates for employees, particularly in relation to penalty rates and annual leave loading. The court noted that the agreement failed to provide for these essential terms and conditions, which are critical components of the safety net provided under the Fair Work Act. Consequently, the court determined that the agreement did not meet the statutory requirements for approval and dismissed the application. The court ordered that the agreement remain disapproved until the deficiencies identified were rectified.

The Dempsey Group 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