The Dempsey Group Pty Ltd Summary

[2014] FWCA 2304

FAIR WORK COMMISSION

DECISION

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

The Dempsey Group Pty Ltd
(AG2014/4064)

THE DEMPSEY GROUP WAREHOUSE ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 7 APRIL 2014

Application for approval of The Dempsey Group Warehouse Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Dempsey Group Warehouse Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 has given 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 that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 April 2014. The nominal expiry date of the Agreement is 31 July 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Dempsey Group Pty Ltd was the subject of an application for the approval of an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was the court in this matter, which arose out of a dispute between the company and the warehouse workers represented by the Shop, Distributive and Allied Employees' Association. The enterprise agreement sought to establish terms and conditions of employment for the warehouse workers, including provisions relating to wages, hours of work, and other employment-related matters.

The central legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act, including whether it provided for the fair and equitable treatment of the employees and whether it was free from any improper influence or interference. The Commission also had to consider whether the agreement contained any terms that were contrary to public policy or otherwise unenforceable.

The Commission found that the enterprise agreement was fair and reasonable, and met the requirements of the Act. The Commission noted that the agreement provided for a significant increase in wages for the warehouse workers, as well as other benefits such as improved working conditions and job security. The Commission also found that the agreement was not contrary to public policy and did not contain any terms that were unenforceable. As a result, the Commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Act.

The final orders of the Commission included the approval of the enterprise agreement, with certain modifications to ensure compliance with the Fair Work Act. The modifications related to the calculation of penalty rates and the provision of additional rest breaks for employees. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the Commission's decision.

The Dempsey Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established