Diverseco Pty Ltd

[2019] FWCA 8061

[2019] FWCA 8061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diverseco Pty Ltd
(AG2019/780)

DIVERSECO PTY LTD SERVICES ENTERPRISE BARGAINING AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 26 NOVEMBER 2019

Application for approval of the Diverseco Pty Ltd Services Enterprise Bargaining Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Diverseco Pty Ltd Services Enterprise Bargaining 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 Diverseco Pty Ltd. 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] The Agreement is intended to operate Nationwide. The Employer issued employees with the Notice of Employee Representational Rights (Notice) on 5 and 6 February 2019. Employees based in Western Australia commenced voting on the Agreement on 26 February 2019, being less than 21 days after the Notice was issued. The Employer submits that the deficiency with the date that the vote was conducted in Western Australia fits within the definition of procedural or technical error for the purposes of s.188(2) of the Act. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the vote in Western Australia. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 3 December 2019. The nominal expiry date of the Agreement is 2 December 2022.

COMMISSIONER

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Annexure A