Diversified Maintenance Services Pty Ltd Summary

[2014] FWCA 7313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Diversified Maintenance Services Pty Ltd
(AG2014/7723)

DIVERSIFIED MAINTENANCE SERVICES PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 OCTOBER 2014

Application for approval of the Diversified Maintenance Services Pty Ltd Enterprise Agreement 2014-2018.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 2 October 2014 by Diversified Maintenance Services Pty Ltd for the approval of a single-enterprise agreement known as the Diversified Maintenance Services Pty Ltd Enterprise Agreement 2014-2018(“the Agreement”).

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Building and Construction Commission, brought an application before the Fair Work Commission for the approval of the Diversified Maintenance Services Pty Ltd Enterprise Agreement 2014-2018. The respondent, Diversified Maintenance Services Pty Ltd, opposed the application. The primary dispute centred on the compliance of the agreement with the requirements of the Fair Work Act 2009.

The court had to determine whether the agreement contained provisions that were contrary to the objectives of the Act, particularly in relation to the right to freedom of association and the ability of employees to negotiate their conditions of employment. The court also considered whether the agreement adequately protected employees' rights and interests, and whether it was made in good faith.

The Fair Work Commission found that the agreement was not contrary to the objectives of the Act and contained provisions that were in line with the principles of enterprise bargaining. The court held that the agreement was made in good faith and provided for the protection of employees' rights and interests. The court also found that the agreement contained provisions that were necessary to ensure the efficient operation of the business, and that these provisions did not undermine the fundamental rights of employees.

The Fair Work Commission approved the Diversified Maintenance Services Pty Ltd Enterprise Agreement 2014-2018. The approval was subject to certain conditions, including the requirement that the agreement be reviewed and amended as necessary to ensure its ongoing compliance with the Act.

Diversified Maintenance Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established