Diversey Australia Pty Ltd

[2013] FWCA 6663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diversey Australia Pty Ltd
(AG2013/8503)

DIVERSEY AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 SEPTEMBER 2013

Application for approval of the Diversey Australia Pty Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Diversey Australia Pty Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Diversey Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 September 2013. The nominal expiry date of the Agreement is 30 June 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diversey Australia Pty Ltd was the applicant in a matter before the Fair Work Commission, seeking approval of the Diversey Australia Pty Limited Enterprise Agreement 2013. The dispute involved the terms and conditions of employment for the company's employees, as outlined in the proposed agreement. The nature of the dispute was whether the agreement met the legal standards for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement complied with the legislative requirements and balanced the interests of both employers and employees.

The primary legal issues the Commission had to decide were whether the agreement provided for a safety net of minimum entitlements, whether it allowed for individual flexibility, and whether it adhered to the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement included provisions that were contrary to public policy or were otherwise unlawful. The applicant argued that the agreement was fair and reasonable, while no objections were raised by any party, including the employees.

The Commission examined the agreement in detail, considering the principles of good faith bargaining and the need for a balance between the interests of employers and employees. The Commission found that the agreement did not contravene any statutory provisions and provided for a safety net of minimum entitlements, as well as mechanisms for individual flexibility. The Commission approved the Diversey Australia Pty Limited Enterprise Agreement 2013, noting that it was a fair and reasonable agreement that complied with the requirements of the Fair Work Act. Consequently, the applicant's application for approval was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established