Diversey Australia Pty Ltd Summary

[2014] FWCA 5049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diversey Australia Pty Ltd
(AG2014/1417)

DIVERSEY AUSTRALIA PTY LIMITED ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JULY 2014

Application for approval of the Diversey Australia Pty Limited Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as SJ Diversey Australia Pty Limited Enterprise Agreement 2014 (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 not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 13 June 2014.

[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 1 August 2014. The nominal expiry date of the Agreement is 1 August 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diversey Australia Pty Ltd recently appeared before the Fair Work Commission in a bid to have the Diversey Australia Pty Limited Enterprise Agreement 2014 approved. The dispute arose from a disagreement between the company and its employees regarding the terms of the enterprise agreement. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement provided for the proper determination of employees' terms and conditions of employment, including pay and conditions, and whether it complied with the provisions of the Act.

The Commission examined the agreement's provisions and found that it provided for the proper determination of employees' terms and conditions of employment, including pay and conditions. The Commission also noted that the agreement had been negotiated in good faith and that it complied with the provisions of the Act. The Commission was satisfied that the agreement met the criteria for approval and granted approval of the Diversey Australia Pty Limited Enterprise Agreement 2014. The Commission's decision is a reminder to employers and employees of the importance of negotiating enterprise agreements that meet the legal requirements and provide for the proper determination of employees' terms and conditions of employment.

Diversey Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established