DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3164)

DIAMOND POWER (AUSTRALIA) PTY LTD LATROBE VALLEY POWER INDUSTRY ELECTRICAL (ETU) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 9 JUNE 2016

Application for approval of the Diamond Power (Australia) Pty Ltd Latrobe Valley Power Industry Electrical (ETU) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Diamond Power (Australia) Pty Ltd Latrobe Valley Power Industry Electrical (ETU) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Diamond Power (Australia) Pty Ltd Latrobe Valley Power Industry Electrical (ETU) Enterprise Agreement 2016. The parties were the union, representing the employees, and Diamond Power (Australia) Pty Ltd, the employer. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and could be certified as a lawful agreement.

The legal issues before the court included whether the agreement was made freely and fairly without any duress, undue influence, or coercion; whether it provided for minimum terms and conditions of employment; and whether it met the requirements for a valid enterprise agreement. Additionally, the court needed to consider if the agreement contained appropriate dispute resolution mechanisms and whether it was in the best interests of the employees it sought to represent.

The Fair Work Commission found that the agreement had been made freely and fairly, with no evidence of duress, undue influence, or coercion. It also determined that the agreement provided for the minimum terms and conditions of employment as required by the Fair Work Act 2009. The agreement was deemed to be in the best interests of the employees it represented, as it offered fair and reasonable terms, and included appropriate dispute resolution mechanisms. The Commission was satisfied that the agreement met all the statutory requirements and approved it as a lawful enterprise agreement.

The final orders of the Fair Work Commission were that the Diamond Power (Australia) Pty Ltd Latrobe Valley Power Industry Electrical (ETU) Enterprise Agreement 2016 be approved and registered as a lawful agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be circulated to all affected employees and the employer was directed to give notice of the approval to all employees covered by the agreement.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established