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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CaseChat Overview and Summary

In the Fair Work Commission, DIC Australia Pty Ltd sought approval of the DIC Australia Pty Ltd Enterprise Agreement 2021. The respondents to the application were various unions, including the Transport Workers Union and the Australian Manufacturing Workers Union. The dispute centered on whether the agreement met the legal standards for approval under the Fair Work Act 2009. Specifically, the unions argued that the agreement did not sufficiently protect employees' rights and conditions, while the applicant contended that the agreement was fair and reasonable.

The legal issues before the Commission involved whether the agreement complied with the provisions of the Fair Work Act, including the requirement that it be in writing, that it be free from coercion and harassment, and that it meet the “better off overall test”. The unions contested several provisions of the agreement, particularly those concerning wages, hours of work, and dispute resolution mechanisms. The Commission needed to determine if these provisions met the statutory requirements for approval.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, found that the agreement was largely compliant with the Fair Work Act. The Commission concluded that the agreement met the better off overall test, as it provided a number of benefits to the employees that outweighed any disadvantages. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that were obtained through coercion or harassment. Consequently, the Commission approved the agreement, subject to minor modifications to address some of the unions' concerns.

The final orders of the Commission included the approval of the DIC Australia Pty Ltd Enterprise Agreement 2021, with the modifications specified in the decision. The Commission mandated that these changes be incorporated into the agreement before it came into effect. The unions were directed to inform their members of the approved agreement and the modifications made. The applicant was required to provide written confirmation that the changes would be implemented as directed.

DIC Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established