DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Dempsey Group Pty Ltd T/A The Dempsey Group Pty Ltd
(AG2018/7447)

THE DEMPSEY GROUP ENTERPRISE AGREEMENT 2018

Storage services
COMMISSIONER WILSON	MELBOURNE, 11 APRIL 2019

Application for approval of the The Dempsey Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the The Dempsey Group Enterprise Agreement 2018 (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 T/A The Dempsey Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application by The Dempsey Group Pty Ltd for the approval of the The Dempsey Group Enterprise Agreement 2018. This agreement, which was intended to regulate the terms and conditions of employment for employees of the company, was brought before the Fair Work Commission (FWC) for assessment. The application for approval was necessitated by the requirement under the Fair Work Act 2009 for certain enterprise agreements to be approved by the FWC before they can be enforced.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement contained the necessary "no disadvantage test" provisions and whether it complied with other relevant legal standards. The court also needed to consider if the agreement was made in good faith and whether it met the criteria for being a "single interest" enterprise agreement.

The FWC found that the enterprise agreement satisfied the "no disadvantage test" as it did not disadvantage employees relative to the applicable award or safety net. The court also noted that the agreement was made in good faith and contained provisions that met the legal standards required by the Fair Work Act 2009. Furthermore, the FWC concluded that the agreement was a "single interest" enterprise agreement, as it was made between the employer and the employees in a single enterprise. Based on these findings, the FWC approved the enterprise agreement.

In light of the FWC's approval, the court made an order approving the The Dempsey Group Enterprise Agreement 2018. This decision allows the agreement to be enforced as a binding contract between the employer and the employees, subject to the terms and conditions outlined in the agreement and the statutory requirements under the Fair Work Act 2009.

The Dempsey Group Pty Ltd T/A 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