Diver Metal Products Ply Ltd T/A Diver Consolidated Industries

[2022] FWCA 2450

[2022] FWCA 2450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Diver Metal Products Ply Ltd T/A Diver Consolidated Industries

(AG2022/2413)

Diver Consolidated Industries (DCI) Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 25 JULY 2022

Application for approval of the Diver Consolidated Industries (DCI) Enterprise Agreement 2022

1. Diver Consolidated Industries has applied for approval of an enterprise agreement known as the Diver Consolidated Industries (DCI) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Agreement lodged contains a number of clause cross-referencing errors that are set out in a tracked changes version of the Agreement that was lodged with the application. On 21 July 2022, the Employer filed a consolidated version of the Agreement resolving the inaccurate cross-references. The Employer sought that the Commission exercise its discretion under s.586 to allow corrections to be made to the Agreement, and under s.188(2) to proceed on the basis that the Agreement has been genuinely agreed to despite minor technical or procedural errors. Pursuant to s.586 of the Act, I am satisfied that the corrections should be made and that it is appropriate to do so, and that the Agreement would have been genuinely agreed to notwithstanding that the Agreement put to employees for consideration prior to voting contained some incorrect clause cross-reference numbers.

1. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, 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.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. 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) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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Annexure A