Diab Engineering Pty Ltd

[2013] FWCA 8943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diab Engineering Pty Ltd
(AG2013/2504)

DIAB ENGINEERING PTY LTD ENTERPRISE AGREEMENT - OPERATIONS

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 14 NOVEMBER 2013

Application for approval of the DIAB Engineering Pty Ltd Enterprise Agreement - Operations.

[1] An application has been made for approval of an enterprise agreement known as the DIAB Engineering Pty Ltd Enterprise Agreement - Operations (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding clauses 27.1 and 27.2 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the Agreement have indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diab Engineering Pty Ltd, a company involved in the engineering sector, brought an application before the Fair Work Commission seeking approval of the DIAB Engineering Pty Ltd Enterprise Agreement - Operations. The application was contested by the Australian Manufacturing Workers' Union, which raised concerns about the proposed agreement's terms and conditions. The nature of the dispute revolved around the provisions of the Fair Work Act 2009, specifically regarding the certification and approval of enterprise agreements.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the requirements for registration and approval under the Fair Work Act. These included verifying if the agreement was a genuine enterprise agreement, if it contained the minimum terms and conditions set out in the Fair Work Act, and if it was free from any unfair content. Furthermore, the Commission had to consider if the agreement had been made in accordance with the statutory bargaining processes and if it provided for the appropriate bargaining representatives.

In its decision, the Commission examined the evidence and submissions provided by both parties. It found that the proposed agreement was a genuine enterprise agreement, met the minimum terms and conditions, and was free from any unfair content. The Commission also determined that the agreement had been made in accordance with the statutory bargaining processes and represented the appropriate bargaining representatives. Consequently, the Commission approved the DIAB Engineering Pty Ltd Enterprise Agreement - Operations, allowing it to take effect as a registered agreement.

No further orders were made by the Commission. The decision was based on the evidence and submissions presented, as well as the provisions of the Fair Work Act. The Commission's approval of the agreement marked the resolution of the dispute between Diab Engineering Pty Ltd and the Australian Manufacturing Workers' Union, allowing the agreement to be implemented in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established