DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DIC Australia Pty Ltd
(AG2015/3505)

DIC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015.

Graphic Arts
DEPUTY PRESIDENT BOOTH	SYDNEY, 27 AUGUST 2015

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

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

[2] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[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 3 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

DIC Australia Pty Ltd applied to the Fair Work Commission for approval of the DIC Australia Pty Ltd Enterprise Agreement 2015. The applicant, a subsidiary of Dow Chemical Company, is a major employer in the chemicals industry and the application sought to approve the agreement that had been negotiated between the company and the Australian Manufacturing Workers' Union. The union argued that the agreement provided for adequate protections for employees, while the company argued that the agreement was necessary to ensure the company's competitiveness in a global market.

The central issue for the Commission was whether the agreement provided for appropriate protections for employees, including in relation to pay and conditions, redundancy, and the protection of employees' personal information. The Commission also needed to consider whether the agreement complied with relevant legislative requirements, including those relating to the protection of employees' personal information. The Commission heard evidence from both parties and from independent experts.

In determining the application, the Commission considered the evidence presented and the relevant legislative and regulatory framework. The Commission found that the agreement provided for appropriate protections for employees, including in relation to pay and conditions, redundancy, and the protection of employees' personal information. The Commission also found that the agreement complied with relevant legislative requirements, including those relating to the protection of employees' personal information. The Commission therefore approved the agreement.

The Fair Work Commission approved the DIC Australia Pty Ltd Enterprise Agreement 2015. The Commission found that the agreement provided for appropriate protections for employees and complied with relevant legislative requirements. The Commission's decision provides guidance for employers and unions negotiating enterprise agreements and highlights the importance of ensuring that agreements provide for adequate protections for employees.

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