DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diverse Asset Management (Aust) Pty Ltd
(AG2016/2233)

DIVERSE ASSET MANAGEMENT (AUST) PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2015 – 2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2016

Application for approval of the Diverse Asset Management (Aust) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise Agreement known as the Diverse Asset Management (Aust) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Diverse Asset Management (Aust) Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 9 March 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diverse Asset Management (Aust) Pty Ltd applied to the Fair Work Commission for approval of the Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018. The agreement was intended to govern the employment conditions of certain employees of the company, including those who were part of the Electrical Supply Industry Queensland. The application came before the Fair Work Commission, an Australian federal body responsible for regulating employment relations and workplace agreements.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained terms and conditions that were not less favourable than the relevant minimum standards set out in the National Employment Standards and if it had been fairly and genuinely negotiated between the employer and the employees. The Commission also considered whether the agreement provided for a proper process for resolving disputes and if it met the requirement for independent employee representation.

After reviewing the application and the agreement, the Fair Work Commission determined that the proposed Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018 was compliant with the Fair Work Act 2009. The Commission found that the agreement contained terms and conditions that were not less favourable than the relevant minimum standards and that it had been fairly and genuinely negotiated. The agreement also included provisions for the resolution of disputes and provided for independent employee representation. As a result, the Commission approved the agreement, enabling it to be registered and enforced as a binding contract between the employer and the employees.

The Fair Work Commission's decision to approve the Diverse Asset Management (Aust) Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018 provides clarity and certainty for both the employer and the employees involved. By confirming that the agreement met the legal requirements for approval, the Commission ensured that the agreement could be implemented and enforced as a valid contract, protecting the rights and interests of all parties.

Diverse Asset Management (Aust) 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