Diver Consolidated Industries Summary

[2014] FWCA 1597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diver Consolidated Industries
(AG2014/423)

DIVER CONSOLIDATED INDUSTRIES (DCI) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 6 MARCH 2014

Application for approval of the Diver Consolidated Industries (DCI) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Diver Consolidated Industries (DCI) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Diver Consolidated Industries. 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 “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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 13 March 2014. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diver Consolidated Industries Pty Ltd applied to the Fair Work Commission for approval of the Diver Consolidated Industries (DCI) Enterprise Agreement 2013. The applicant argued the agreement was a genuine bargain as it contained no unfair content and satisfied all the requirements of the Fair Work Act 2009. The Fair Work Union opposed the application, contending that the agreement did not contain a lawful pay rise clause, contained unfair terms regarding the handling of bullying and discrimination, and contained unfair terms regarding the handling of flexible working arrangements.

The Commission found that the pay rise clause was lawful as it provided for an annual pay rise based on the Consumer Price Index, a lawful and objective criterion. The Commission also found that the terms regarding the handling of bullying and discrimination were not unfair as they provided for a clear and reasonable process for dealing with such issues, consistent with industry standards and best practice. The Commission found that the terms regarding flexible working arrangements were not unfair as they provided for a reasonable process for making requests for flexible working arrangements, subject to the approval of the employer.

The application for approval of the agreement was approved by the Commission. The Commission made no orders for variations to the agreement, finding that it contained no unfair content and was a genuine bargain. The agreement was approved and will now be registered with the Fair Work Commission, providing a framework for the employment of workers in the relevant industry.

Diver Consolidated Industries

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established