DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dentsply Sirona Pty Ltd
(AG2019/1338)

DENTSPLY SIRONA PTY LTD & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2019 - 2022

Storage services
COMMISSIONER GREGORY	MELBOURNE, 28 JUNE 2019

Application for approval of the DENTSPLY SIRONA Pty Ltd & National Union of Workers Collective Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the DENTSPLY SIRONA Pty Ltd & National Union of Workers Collective Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dentsply Sirona 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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 5 July 2019. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Dentsply Sirona Pty Ltd applied to the Fair Work Commission for the approval of the DENTSPLY SIRONA Pty Ltd & National Union of Workers Collective Agreement 2019 - 2022. The National Union of Workers sought approval of the agreement on behalf of its members who were employees of Dentsply Sirona Pty Ltd. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the court had to determine were whether the agreement met the requirements for approval under the Fair Work Act, particularly concerning the process by which the agreement was made and whether it contained permissible matters. The court also had to consider whether the agreement was made in good faith and whether it provided for proper procedures for the resolution of disputes.

The Fair Work Commission found that the agreement was appropriately made in good faith and contained permissible matters. The process followed in making the agreement was deemed fair and transparent. The court held that the agreement provided for appropriate procedures for the resolution of disputes and that it was beneficial to the employees. The commission approved the collective agreement, emphasising the importance of the agreement in maintaining fair and efficient workplace relations.

The final orders of the commission were that the DENTSPLY SIRONA Pty Ltd & National Union of Workers Collective Agreement 2019 - 2022 be approved as a registered agreement under the Fair Work Act. This decision allows the agreement to be legally binding on the parties involved, providing a clear framework for employment conditions and dispute resolution within the specified period.

Dentsply Sirona 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