DSI Underground Australia Pty Limited

Case

[2023] FWCA 2398

1 AUGUST 2023


[2023] FWCA 2398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DSI Underground Australia Pty Limited

(AG2023/2486)

DSI UNDERGROUND AGREEMENT 2023

Manufacturing and associated industries

DEPUTY PRESIDENT DEAN

CANBERRA, 1 AUGUST 2023

Application for approval of the DSI Underground Agreement 2023.

  1. An application has been made for approval of an enterprise agreement known as the DSI Underground Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DSI Underground Australia Pty Limited. The Agreement is a single enterprise agreement.

  1. 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.

  1. The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The consultation term in the Agreement does not meet the requirements of s.205(1A) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  2. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2023. The nominal expiry date of the Agreement is 30 June 2024.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE520970  PR764807>

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