DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DIC Australia Pty Ltd
(AG2017/3081)

DIC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017 – VICTORIA

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COMMISSIONER WILSON	MELBOURNE, 28 SEPTEMBER 2017

Application for approval of the DIC Australia Pty Ltd Enterprise Agreement 2017 – Victoria.

[1] An application has been made for approval of an enterprise agreement known as the DIC Australia Pty Ltd Enterprise Agreement 2017 – Victoria (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DIC Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, DIC Australia Pty Ltd, applied for approval of the DIC Australia Pty Ltd Enterprise Agreement 2017. The respondent, the Transport Workers Union of Australia, represented the employees. The primary dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, including its alignment with the “better off overall test” and its compliance with the relevant award provisions.

The legal issues before the court were whether the agreement provided employees with conditions that were no less favourable than those provided for in the relevant awards, and if it met the "better off overall test". The test required that employees be at least as well off, financially and in terms of conditions, under the agreement as they would be under the applicable awards. The court also needed to consider whether the agreement contained any terms that contravened the "good faith" bargaining requirement.

The Commission found that the agreement met the better off overall test as employees would be better off financially under the agreement than they would be under the applicable awards. The Commission also held that the agreement did not contravene the good faith bargaining requirement. The Transport Workers Union of Australia had been given adequate time to review the agreement and had the opportunity to negotiate changes. The Commission was satisfied that the agreement was fair and reasonable, and approved it accordingly.

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