DIC Australia Pty Ltd
[2023] FWCA 1682
•8 JUNE 2023
| [2023] FWCA 1682 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
DIC Australia Pty Ltd
(AG2023/1646)
DIC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2023 - VICTORIA
| Graphic Arts | |
| DEPUTY PRESIDENT WRIGHT | SYDNEY, 8 JUNE 2023 |
Application for approval of DIC Australia Pty Ltd Enterprise Agreement 2023 - Victoria
Introduction
DIC Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the DIC Australia Pty Ltd Enterprise Agreement 2023 - Victoria (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Regulation 2.06 Requirements
The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.
Section 190 Undertakings
The employer provided written undertakings. 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. The undertakings are taken to be a term of the Agreement.
NES precedence term in Clause 5.4 of the Agreement
Clause 22.5 of the Agreement provides that severance pay is not payable where the employer finds suitable alternative employment, however this clause is not subject to an application to the Fair Work Commission in accordance with s.120 of the Act which may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 5.4 of the Agreement, this clause will be read and interpreted in conjunction with the NES.
Section 186, 187, 188 and 190
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.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2023. The nominal expiry date of the Agreement is 1 June 2027.
DEPUTY PRESIDENT
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