DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diver Metal Products Pty Ltd T/A Diver Consolidated Industries
(AG2019/4083)

DIVER CONSOLIDATED INDUSTRIES (DCI) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 8 JANUARY 2020

Application for approval of the Diver Consolidated Industries (DCI) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Diver Consolidated Industries (DCI) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diver Metal Products Pty Ltd T/A Diver Consolidated Industries. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Diver Metal Products Pty Ltd, trading as Diver Consolidated Industries (DCI), and the Electrical Trades Union of Australia. The dispute centred on the application for approval of the DCI Enterprise Agreement 2019. The union contested the proposed agreement, arguing it failed to meet the requirements of the Fair Work Act 2009 and was not in the best interests of the employees.

The key legal issues before the Commission included whether the agreement adequately covered minimum entitlements, ensured procedural fairness in its negotiation, and aligned with the objectives of the Fair Work Act. Additionally, the union argued that certain provisions within the agreement did not sufficiently protect employees' rights and conditions. The Commission needed to determine if the agreement was fair and appropriate, considering both the statutory requirements and the broader context of industrial relations.

In its decision, the Commission examined the specifics of the agreement and the arguments presented by both parties. It assessed whether the agreement met the legal standards for approval, including the provision of minimum entitlements and adherence to procedural fairness. The Commission concluded that the agreement, while not perfect, met the necessary statutory criteria and was in the best interests of the employees. It found that the agreement was fair and appropriate, taking into account the balance of rights and obligations of the parties and the need to facilitate a productive workplace.

The Commission approved the Diver Consolidated Industries (DCI) Enterprise Agreement 2019. This decision was based on the finding that the agreement complied with the requirements of the Fair Work Act and was fair and appropriate, considering the evidence and submissions presented during the hearing.

Diver Metal Products Pty Ltd T/A Diver Consolidated Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established