Diebold Australia Pty Ltd

[2014] FWCA 6291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Diebold Australia Pty Ltd
(AG2014/7223)

DIEBOLD AUSTRALIA PTY LTD - SST CUSTOMER SERVICE ENGINEERS ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 SEPTEMBER 2014

Application for approval of the Diebold Australia Pty Ltd - SST Customer Service Engineers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Diebold Australia Pty Ltd - SST Customer Service Engineers Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 September 2014. The nominal expiry date of the Agreement is 17 September 2017.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Diebold Australia Pty Ltd sought approval of the Diebold Australia Pty Ltd - SST Customer Service Engineers Enterprise Agreement 2014. The applicant sought to have the agreement approved as a safety net award, given the absence of a relevant industry award. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including the safety net provisions and compliance with the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing the agreement's compliance with the safety net provisions of the Fair Work Act, ensuring it did not disadvantage employees, and confirming it provided at least minimum terms and conditions of employment. The Commission had to ensure the agreement met the requirements set out in section 233 of the Act and did not undermine the safety net protections afforded to employees.

The Commission found that the agreement met the necessary safety net provisions. It was noted that the agreement provided for minimum terms and conditions of employment that were not less favourable than the relevant award. Furthermore, the agreement included provisions that aligned with the objectives of the Fair Work Act, ensuring it did not disadvantage employees. The Commission concluded that the agreement was fair and reasonable, meeting the requirements for approval under the Act.

The Fair Work Commission approved the Diebold Australia Pty Ltd - SST Customer Service Engineers Enterprise Agreement 2014, effective from the date of the decision. The approval recognised the agreement as a safety net award, ensuring it provided minimum terms and conditions of employment that complied with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established