DECISION

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

Diona Pty Ltd
(AG2020/364)

DIONA PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 25 FEBRUARY 2020

Application for approval of the Diona Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Diona Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diona Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this Decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2020. The nominal expiry date of the Agreement is 25 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A.

CaseChat Overview and Summary

Diona Pty Ltd recently came before the Fair Work Commission, with the Australian Manufacturing Workers' Union initiating the application for approval of the Diona Pty Ltd Enterprise Agreement 2019-2023. The application was made under section 231 of the Fair Work Act 2009, seeking the Commission's endorsement of the proposed agreement, which outlines terms and conditions of employment for the company's workforce.

The legal issues before the Commission involved assessing whether the agreement met the criteria for approval under the Fair Work Act, specifically focusing on whether it provided for a safety net of minimum wages and conditions, facilitated genuine collective bargaining, and did not unfairly disadvantage employees. Additionally, the Commission needed to determine if the agreement was made in good faith and without coercion, and if it contained provisions that were fair and reasonable.

In its decision, the Commission noted that the agreement provided a comprehensive set of terms and conditions that met the statutory requirements. The agreement was found to be the product of genuine collective bargaining and did not contain any terms that were unfair or unreasonable. The Commission highlighted that the agreement provided for minimum wages and conditions that were consistent with the safety net provisions of the Fair Work Act. The Union and the company demonstrated a commitment to good faith bargaining, and the agreement was concluded without any evidence of coercion. The Commission approved the agreement, acknowledging the efforts of both parties in reaching a fair and balanced outcome.

The Commission's final order was to approve the Diona Pty Ltd Enterprise Agreement 2019-2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to ensure its implementation. This decision sets a precedent for the terms and conditions of employment within the company, providing a framework for future industrial relations within Diona Pty Ltd.

Diona Pty Ltd

DECISION

ANNEXURE A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established