DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DIC Australia Pty Limited
(AG2015/6876)

DIC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015 - NSW.

Graphic Arts
DEPUTY PRESIDENT BOOTH	SYDNEY, 22 DECEMBER 2015

Application for approval of the DIC Australia Pty Ltd Enterprise Agreement 2015 - NSW.

[1] An application has been made for approval of an enterprise agreement known as the DIC Australia Pty Ltd Enterprise Agreement 2015 - NSW. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DIC Australia Pty Limited. The agreement is a single-enterprise agreement.

[2] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the AMWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 29 December 2015. The nominal expiry date of the Agreement is 31 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were DIC Australia Pty Limited, an employer, and the Australian Manufacturing Workers' Union, representing employees. The dispute centred around the approval of the DIC Australia Pty Ltd Enterprise Agreement 2015 in New South Wales. The court was required to determine whether the agreement met the necessary legal requirements under the Fair Work Act 2009. The legal issues at hand involved assessing whether the agreement complied with the provisions for fair and genuine bargaining, and whether it contained terms that were consistent with the national employment standards and other relevant laws.

The court meticulously examined the evidence presented to determine if the agreement had been fairly and genuinely negotiated. It also assessed whether the terms of the agreement aligned with the national employment standards and were consistent with relevant industrial instruments. The court's analysis included scrutiny of the negotiation process and the terms of the agreement to ensure they met the statutory requirements for approval.

After thorough deliberation, the court concluded that the agreement was approved. It found that the negotiation process was fair and genuine, and that the terms of the agreement were consistent with the national employment standards and other relevant laws. The court determined that the agreement met all the necessary legal requirements for approval under the Fair Work Act 2009. Consequently, the court granted the application for approval of the DIC Australia Pty Ltd Enterprise Agreement 2015.

DIC Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established