DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diverse Group Australia Pty Ltd
(AG2016/2253)

DIVERSE GROUP AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 MARCH 2016

Application for approval of the Diverse Group Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Diverse Group Australia Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diverse Group Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2016. The nominal expiry date of the Agreement is 14 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Diverse Group Australia Pty Ltd sought approval of an enterprise agreement with its employees, as represented by the Health Services Union of Australia. The case was heard in the Fair Work Commission. The central issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009 and whether it met the procedural requirements for approval.

The legal matters addressed by the Commission included whether the agreement was made in good faith, if the bargaining process was genuinely representative, and if the agreement's terms were fair and reasonable. The Commission examined the evidence provided by both parties and considered the relevant legislative framework, particularly sections of the Fair Work Act that pertain to the making of enterprise agreements and the process for their approval. The Commission also assessed the procedural fairness of the bargaining process, including whether the union adequately represented the employees and whether Diverse Group Australia had acted in good faith.

After thorough deliberation, the Fair Work Commission determined that the enterprise agreement was made in good faith and that the bargaining process was genuinely representative. The Commission found that the agreement's terms were fair and reasonable, and it approved the Diverse Group Australia Pty Ltd Enterprise Agreement 2016. The Commission's decision was based on the comprehensive evidence provided and the compliance of the agreement with the legislative requirements. As a result, the agreement was formally approved and came into effect as of the date of the Commission's decision.

Diverse Group Australia 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