DSI Underground Australia Pty Limited Summary

[2024] FWCA 3221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DSI Underground Australia Pty Limited

(AG2024/3235)

DSI UNDERGROUND AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 10 SEPTEMBER 2024

Application for approval of the DSI Underground Agreement 2024.

An application has been made for approval of an enterprise agreement known as the DSI Underground Agreement 2024 (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.

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.

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.

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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DSI Underground Australia Pty Limited recently appeared before the Fair Work Commission to seek approval of the DSI Underground Agreement 2024. The application centred around the terms of the agreement, which was intended to cover employees within the underground coal mining sector. The dispute involved a complex interplay of industrial relations laws and specific provisions of the agreement that needed to be evaluated for compliance and fairness.

The primary legal issues before the court included whether the proposed agreement met the necessary requirements under the Fair Work Act 2009, particularly concerning the procedural fairness and the substantive content of the agreement. The court needed to ensure that the agreement was not only procedurally sound but also balanced the interests of both employers and employees. Additionally, the court had to consider whether the agreement adequately addressed the specific needs and conditions of employees working in the underground coal mining industry.

In delivering its decision, the court meticulously examined the procedural steps taken in the negotiation and drafting of the agreement. It found that the process adhered to the legal requirements, ensuring that employees had a genuine opportunity to participate in the negotiations. The court also assessed the substantive provisions of the agreement, including terms related to wages, working conditions, and dispute resolution mechanisms. After thorough consideration, the court concluded that the agreement was fair and balanced, and therefore approved it. The decision underscored the importance of maintaining a fair and transparent process in industrial relations agreements, particularly in industries with unique operational challenges.

DSI Underground Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established