DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diecraft Australia Pty Ltd
(AG2018/3551)

DIECRAFT AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 NOVEMBER 2018

Application for approval of the Diecraft Australia Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Diecraft Australia Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diecraft Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 November 2018 and, in accordance with s.54, will operate from 26 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Diecraft Australia Pty Ltd applied for the approval of the Diecraft Australia Pty Ltd Enterprise Agreement 2018. The applicant sought to have the agreement approved as a modern award under section 235 of the Fair Work Act 2009. The applicant argued that the agreement contained provisions that were in the best interests of the employees, and that it complied with the requirements of the Fair Work Act.

The legal issues before the Commission were whether the agreement met the criteria for approval under section 235 of the Fair Work Act, and whether the agreement was in the best interests of the employees. The Commission considered the bargaining process, the content of the agreement, and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was in the best interests of the employees and was a modern award. The Commission noted that the agreement contained provisions for the protection of employees, including provisions for redundancy payments, parental leave, and flexible working arrangements. The Commission also found that the bargaining process was fair and reasonable, and that the agreement met the requirements of the Fair Work Act. The Commission approved the agreement as a modern award.

The Commission made an order approving the Diecraft Australia Pty Ltd Enterprise Agreement 2018 as a modern award under section 235 of the Fair Work Act. The order was made on 30 September 2020.

Diecraft 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