DIC Australia Pty Ltd

[2021] FWCA 5010

[2021] FWCA 5010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DIC Australia Pty Ltd
(AG2021/6596)

DIC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2021 – VICTORIA

Graphic Arts
COMMISSIONER MATHESON	SYDNEY, 13 AUGUST 2021

Application for approval of the DIC Australia Pty Ltd Enterprise Agreement 2021 – Victoria.

[1] An application has been made for approval of an enterprise agreement known as the DIC Australia Pty Ltd Enterprise Agreement 2021 – Victoria (Agreement). The application was made by DIC Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The steps taken to explain the terms of the Agreement and its effects in accordance with s.180(5) of the Act were declared in a Form F17 filed in support of the application. On 11 August 2021, the Commission sought further information about the content of the explanations provided to employees. Further information was provided by the Applicant on 12 August 2021. Having regard to all the material before the Commission, I am satisfied that the requirements in s.180(5) of the Act have been met.

[3] The application was accompanied by a signature page that 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 waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

[4] On the basis of the materials filed by the Applicant and amended signature page, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[5] The Agreement lodged contained an obvious error in clauses 18.1(f) and 18.1(g) in that they referred to ‘clause 18.1(d)’ rather than ‘clause 18.1(e)’. I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Agreement is approved and, in accordance with s. 54 of the Act, will operate from 20 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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