DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diamond Power (Australia) Pty Ltd T/A Diamond Power (Australia)
(AG2018/1956)

DIAMOND POWER ENTERPRISE AGREEMENT (NSW) 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 1 AUGUST 2018

Application for approval of the Diamond Power Enterprise Agreement (NSW) 2018.

[1] An application has been made for approval of an enterprise agreement known as the Diamond Power Enterprise Agreement (NSW) 2018 (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 T/A Diamond Power (Australia). The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2018. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Diamond Power (Australia) Pty Ltd T/A Diamond Power (Australia) brought an application in the Fair Work Commission (FWC) for the approval of the Diamond Power Enterprise Agreement (NSW) 2018. The application arose in the context of industrial action involving employees of the company. The dispute centered on the terms and conditions of employment as outlined in the proposed agreement, which aimed to govern the relationship between the employer and its employees.

The primary legal issue before the FWC was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith. The FWC needed to ensure that the agreement did not adversely affect employees' existing terms and conditions of employment unless those employees agreed to the change.

In its decision, the FWC determined that the agreement contained terms that were fair and reasonable and had been made in good faith. The FWC considered the views of both parties and the broader implications for the workforce. It was noted that the agreement provided for certain protections and benefits, and it did not result in a detriment to the employees when compared to their previous conditions. The FWC found that the proposed agreement was consistent with the objectives of the Fair Work Act and was therefore approved.

The FWC's decision resulted in the formal approval of the Diamond Power Enterprise Agreement (NSW) 2018, which now governs the employment terms and conditions of the employees of Diamond Power (Australia) Pty Ltd. This approval was significant in resolving the industrial dispute and establishing a clear framework for future employment relations between the employer and its employees.

Diamond Power (Australia) Pty Ltd T/A Diamond Power (Australia)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established