DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Dormit Unit Trust T/A Dormit Pty Ltd
(AG2019/380)

DORMIT PTY LTD ENTERPRISE AGREEMENT 2018

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 15 APRIL 2019

Application for approval of the Dormit Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Dormit Pty Ltd 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 Trustee for Dormit Unit Trust T/A Dormit Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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, will operate from 22 April 2019. The nominal expiry date of the Agreement is 22 April 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Trustee for Dormit Unit Trust, trading as Dormit Pty Ltd, applied to the Fair Work Commission for approval of the Dormit Pty Ltd Enterprise Agreement 2018. The application was opposed by the Retail and Fast Food Workers Union of Australia. The dispute involved the interpretation and application of the Fair Work Act 2009 in relation to the terms and conditions of employment outlined in the proposed agreement. The court was tasked with determining whether the agreement met the requirements for approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for such agreements.

The central legal issue before the court was whether the proposed enterprise agreement met the statutory criteria for approval. This involved an examination of the specific terms of the agreement and whether they were consistent with the provisions of the Fair Work Act. The court also considered whether the agreement had been negotiated in good faith and whether the procedural requirements for the agreement's negotiation and approval had been properly followed. Furthermore, the court assessed whether the agreement provided for fair and reasonable terms and conditions, including adequate provisions for employees' wages, hours of work, and other employment-related matters.

In its decision, the Fair Work Commission found that the proposed agreement met the statutory criteria for approval. The court concluded that the agreement was fair and reasonable and had been negotiated in good faith. The commission also determined that the procedural requirements for the negotiation and approval of the agreement had been met. The court noted that the agreement provided for appropriate terms and conditions of employment, including provisions for wages, hours of work, and other relevant matters. As a result, the application for approval of the Dormit Pty Ltd Enterprise Agreement 2018 was successful.

The Fair Work Commission approved the Dormit Pty Ltd Enterprise Agreement 2018, finding that it met the statutory criteria for approval and was fair and reasonable. The court's decision confirmed the validity of the agreement and its terms and conditions, providing certainty for the parties involved and setting a precedent for similar cases in the future.

The Trustee for Dormit Unit Trust T/A Dormit 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