Diamond Protection Pty Ltd Summary

[2013] FWCA 8023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diamond Protection Pty Ltd
(AG2013/10769)

CFMEU DIAMOND PROTECTION MORWELL AGREEMENT 2013

Security services
COMMISSIONER GREGORY	MELBOURNE, 16 OCTOBER 2013

Application for approval of the CFMEU Diamond Protection Morwell Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CFMEU Diamond Protection Morwell Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diamond Protection Pty Ltd. 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.

[3] The Construction, Forestry, Mining and Energy Union, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2013. The nominal expiry date of the Agreement is 1 January 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diamond Protection Pty Ltd applied to the Fair Work Commission for approval of the CFMEU Diamond Protection Morwell Agreement 2013, a proposed enterprise agreement. The applicant sought to implement a new agreement to replace an existing one that was due to expire. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, raising concerns about certain provisions in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues revolved around whether the proposed agreement provided for fair and reasonable terms and conditions for employees and whether it complied with the statutory requirements set out in the Fair Work Act. The Commission needed to assess whether the agreement was genuinely negotiated and whether it provided for proper consultation with the employees. Additionally, the Commission considered whether the provisions of the agreement were fair and reasonable in terms of pay, conditions, and other employment-related matters.

In its decision, the Commission found that the proposed agreement met the necessary criteria for approval. It determined that the agreement was genuinely negotiated and provided for adequate consultation with the employees. The Commission concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the specific circumstances of the industry and the bargaining context. The Commission approved the CFMEU Diamond Protection Morwell Agreement 2013, allowing it to come into effect as per the specified date.

The Commission made an order approving the CFMEU Diamond Protection Morwell Agreement 2013, effective from the date specified in the application. The order mandated that the agreement be registered with the Fair Work Commission and that it be given to the applicant and the CFMEU. This decision provided clarity and legal certainty for the parties involved, ensuring that the new agreement would govern the terms and conditions of employment for the relevant employees.

Diamond Protection Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established