DIAB Engineering Pty Ltd
[2024] FWCA 3949
•12 NOVEMBER 2024
| [2024] FWCA 3949 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
DIAB Engineering Pty Ltd
(AG2024/3865)
DIAB AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT O’KEEFFE | PERTH, 12 NOVEMBER 2024 |
Application for approval of the DIAB Agreement 2024
An application has been made for approval of an enterprise agreement known as the DIAB Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DIAB Engineering Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 6 March 2024 and the Agreement was made on 18 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
The Applicant has provided written undertakings (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.
During consideration of the application it became clear that the Applicant had issued a superseded version of the NERR to employees. However, I regard this as a minor technical error and will disregard it pursuant to s.188(5) of the Act.
The Agreement does not contain a delegates’ rights clause and so in accordance with s.205A of the Act, the delegates’ rights clause of the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2024. The nominal expiry date of the Agreement is 12 November 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A:
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