Diamond Power (Australia) Pty Ltd

[2022] FWCA 3414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Diamond Power (Australia) Pty Ltd

(AG2022/3967)

Diamond Power (Australia) Latrobe Valley PowerIndustry Electrical (ETU) and Mechanical (AMWU) Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 4 OCTOBER 2022

Application for approval of the Diamond Power (Australia) Latrobe Valley Power Industry Electrical (ETU) and Mechanical (AMWU) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Diamond Power (Australia) Latrobe Valley Power Industry Electrical (ETU) and Mechanical (AMWU) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diamond Power (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.’

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diamond Power (Australia) Pty Ltd was the applicant seeking approval of the Diamond Power (Australia) Latrobe Valley Power Industry Electrical (ETU) and Mechanical (AMWU) Enterprise Agreement 2022. The respondent was the Australian Industrial Relations Commission, represented by the Registrar. The primary dispute centred around the fairness and compliance of the proposed enterprise agreement with relevant industrial laws. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the enterprise agreement was procedurally and substantively fair. Procedural fairness related to whether the agreement was negotiated in good faith, with adequate disclosure and consultation. Substantive fairness involved assessing if the agreement's terms were reasonable and equitable for both parties. The court needed to ensure the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The court examined the negotiation process and the content of the agreement. It considered submissions from both parties and evidence provided. The court found that the agreement was negotiated in good faith, with adequate disclosure and consultation. It concluded that the terms were fair and reasonable, balancing the interests of both the employer and the employees. The agreement was deemed to comply with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The court approved the Diamond Power (Australia) Latrobe Valley Power Industry Electrical (ETU) and Mechanical (AMWU) Enterprise Agreement 2022, finding it to be fair and in compliance with relevant industrial laws. The court's decision was based on the procedural fairness of the negotiation process and the substantive fairness of the agreement's terms. The approval allowed the agreement to be registered with the Fair Work Commission, becoming legally binding for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established