DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diabetes Australia - Victoria
(AG2017/3723)

DIABETES VICTORIA TRANSPORT AND WAREHOUSE ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 NOVEMBER 2017

Application for approval of the Diabetes Victoria Transport and Warehouse Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Diabetes Victoria Transport and Warehouse 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 Diabetes Australia - Victoria. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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 Agreement was approved on 2 November 2017 and, in accordance with s.54, will operate from 9 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diabetes Australia - Victoria involved a dispute between Diabetes Australia, on behalf of employees, and Diabetes Victoria, regarding the approval of the Diabetes Victoria Transport and Warehouse Enterprise Agreement 2016. The application for approval was heard in the Fair Work Commission. The primary issue before the Fair Work Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the terms and conditions of employment that were at least as good as, or better than, the relevant modern awards.

The Fair Work Commission examined the agreement against the statutory requirements outlined in the Fair Work Act. It assessed whether the agreement contained provisions that met the minimum standards set by the legislation, including provisions for pay rates, penalty rates, leave entitlements, and other employment conditions. The Commission considered submissions from both parties and evidence provided regarding the terms of the agreement. After its analysis, the Fair Work Commission determined that the agreement provided for terms and conditions of employment that were at least as good as the relevant modern awards. The Commission approved the Diabetes Victoria Transport and Warehouse Enterprise Agreement 2016, finding that it complied with the statutory requirements and did not contravene any provisions of the Fair Work Act. Consequently, the agreement was approved, and it came into effect as a binding enterprise agreement.

Diabetes Australia - Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established