DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diversified Group Pty Ltd
(AG2020/3388)

DIVERSIFIED GROUP PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 24 NOVEMBER 2020

Application for approval of the Diversified Group Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the Diversified Group Pty Ltd Enterprise Agreement 2020 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diversified Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2020. The nominal expiry date of the Agreement is 23 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Diversified Group Pty Ltd, an applicant, sought the approval of the 2020-2024 Enterprise Agreement in the Fair Work Commission. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a registered organisation. The dispute centred on whether the enterprise agreement provided adequate protections for employees and complied with relevant industrial laws.

The court had to determine whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved examining if the agreement provided fair and reasonable terms and conditions of employment, and if it was free from any unfair content that could undermine the rights of employees. The court also needed to assess whether the agreement was made in good faith and if the bargaining process was genuine.

In reaching its decision, the Fair Work Commission considered the submissions from both parties and the broader implications of the agreement on employees' rights. The Commission concluded that the agreement met the necessary criteria for approval, as it provided fair terms and conditions, and the bargaining process was deemed genuine. The Commission also found that the agreement did not contain any unfair content that would undermine employees' rights. Consequently, the application for approval was granted, and the enterprise agreement was approved.

The final orders of the Commission included the approval of the 2020-2024 Enterprise Agreement between Diversified Group Pty Ltd and the relevant employees. The agreement was to be registered under the Fair Work Act 2009, and the Commission directed the parties to provide necessary documentation to facilitate the registration process. The Commission also ordered that the agreement would be in effect from the date of approval, subject to any further orders the Commission might make.

Diversified Group 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