Diverse Welding Services Pty Ltd T/A Diverse Welding Services Summary

[2014] FWCA 8509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diverse Welding Services Pty Ltd T/A Diverse Welding Services
(AG2014/9999)

DIVERSE WELDING SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 28 NOVEMBER 2014

Application for approval of the Diverse Welding Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Diverse Welding Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diverse Welding Services Pty Ltd T/A Diverse Welding Services. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 5 December 2014. The nominal expiry date of the Agreement is 30 September 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diverse Welding Services Pty Ltd, trading as Diverse Welding Services, applied to the Fair Work Commission for approval of the Diverse Welding Services Pty Ltd Enterprise Agreement 2014. The dispute centred on the terms and conditions of employment for the company's workers, with the application seeking to ensure the agreement complied with the Fair Work Act 2009. The application was heard by the Fair Work Commission, which had to determine if the agreement met the necessary criteria for approval under the Act.

The legal issues before the Commission involved ensuring that the enterprise agreement did not contain any terms that would be contrary to the public interest, and that it provided for the proper operation of the enterprise. Additionally, the Commission had to consider whether the agreement provided for the appropriate process for resolving workplace disputes and whether it adequately protected the rights of employees. The application for approval also required scrutiny of whether the agreement complied with the requirements for bargaining and whether it had been made in good faith.

In its decision, the Commission found that the Diverse Welding Services Pty Ltd Enterprise Agreement 2014 was compliant with the Fair Work Act. The agreement was deemed to be made in good faith, provided for the proper operation of the enterprise, and included appropriate processes for resolving workplace disputes. Furthermore, the Commission confirmed that the agreement did not contain any terms that would be contrary to the public interest and that it sufficiently protected the rights of employees. As a result, the Fair Work Commission approved the enterprise agreement, finding that it met all the necessary legal requirements.

The Fair Work Commission ordered that the Diverse Welding Services Pty Ltd Enterprise Agreement 2014 be approved and registered under the Fair Work Act 2009. This decision effectively formalised the agreement, making it binding on the parties involved and ensuring that the terms and conditions of employment were legally recognised and enforceable. The Commission's approval signified that the agreement was fair and reasonable, providing a framework for the continued operation of Diverse Welding Services and the rights of its employees.

Diverse Welding Services Pty Ltd T/A Diverse Welding Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established