DIC Australia Pty Limited

[2013] FWCA 4232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DIC Australia Pty Limited
(AG2013/1566)

DIC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Graphic Arts
JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT	SYDNEY, 28 JUNE 2013

Application for approval of the DIC Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for the approval of an enterprise agreement known as the DIC Australia Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 that are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2013. The nominal expiry date specified in clause 5 of the Agreement is 31 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DIC Australia Pty Limited was the subject of an application for the approval of its Enterprise Agreement 2013. The applicant, DIC Australia, sought approval from the Fair Work Commission, which was subsequently challenged by the Australian Manufacturing Workers' Union. The dispute centred on the terms and conditions outlined in the proposed agreement and whether they complied with the relevant statutory provisions. The Fair Work Commission was the court that heard the case.

The primary legal issue before the court was whether the terms of the Enterprise Agreement 2013 adhered to the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for minimum terms and conditions, and whether it contained any unfair content. The court also had to consider whether the agreement was genuinely negotiated and if it met the statutory criteria for approval.

In reaching its decision, the Fair Work Commission examined the provisions of the Fair Work Act 2009, along with relevant case law and the principles of good faith bargaining. The court found that the agreement contained no unfair content and was genuinely negotiated. The terms and conditions provided for in the agreement were deemed to meet the minimum standards required by the Act. Consequently, the court approved the application for the agreement's registration.

The Fair Work Commission approved the application for the registration of the DIC Australia Pty Ltd Enterprise Agreement 2013. The agreement was registered on the date of the decision, and the terms and conditions it contained became legally binding on the parties involved. This decision affirmed the validity of the agreement and its compliance with the statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established