| [2018] FWCA 298 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Diamond Communications Pty Ltd T/A Diamond Communications
(AG2017/5205)
Diamond Communications Enterprise Agreement 2017
| Electrical contracting industry | |
| Commissioner McKinnon | MELBOURNE, 15 JANUARY 2018 |
Application for approval of the Diamond Communications Enterprise Agreement 2017.
An application has been made for approval of an enterprise agreement known as the Diamond Communications Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diamond Communications Pty Ltd T/A Diamond Communications. The Agreement is a single enterprise agreement.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2018. The nominal expiry date of the Agreement is 14 January 2022.
COMMISSIONER
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Annexure A
- AGLC
- Diamond Communications Pty Ltd T/A Diamond Communications [2018] FWCA 298
- Case
- [2018] FWCA 298
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the agreement had been genuinely negotiated, whether the necessary procedural steps had been followed, and whether the agreement complied with the requirements of the Fair Work Act. Additionally, the Commission had to consider whether any of the provisions of the agreement contravened the safety net protections provided by the Act. The applicants argued that all procedural requirements had been met and that the agreement was fairly negotiated. The respondents, however, contended that there were procedural irregularities and that certain provisions of the agreement were unfair.
The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the application met the legal requirements for registration. The Commission found that the agreement was genuinely negotiated, and all procedural steps had been appropriately followed. It was also determined that the provisions of the agreement did not contravene the safety net protections of the Fair Work Act. Consequently, the application for the approval of the Diamond Communications Enterprise Agreement 2017 was approved, and the agreement was registered.
The Commission's decision was that the application for the approval of the Diamond Communications Enterprise Agreement 2017 was to be granted. The agreement was to be registered under the Fair Work Act 2009, effective from the date of the decision. The parties were directed to provide the necessary documentation and information to the Commission to facilitate the registration process. The decision concluded that the agreement was fair and met all statutory requirements for recognition and registration.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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