DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DYWIDAG Systems International Pty Limited T/A DSI Underground
(AG2017/6099)

DSI UNDERGROUND WESTERN AUSTRALIA AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 JANUARY 2018

Application for approval of the DSI Underground Western Australia Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the DSI Underground Western Australia Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DYWIDAG Systems International Pty Limited T/A DSI Underground. 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 redundancy provision at clause 12.2 of the Agreement is approved on the basis that I am satisfied clauses 3.2(a) and 12.1 provide that the National Employment Standards will apply as a minimum standard to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved DYWIDAG Systems International Pty Limited, trading as DSI Underground, which sought approval for the DSI Underground Western Australia Agreement 2017. The dispute arose within the framework of the Fair Work Act 2009 and was heard by the Federal Court of Australia. The central issue was whether the agreement met the requirements for registration under the Fair Work Act, particularly focusing on its compliance with the "better off overall test" (BOOT) and other legislative provisions.

The court examined whether the proposed agreement was fair and reasonable for the employees it covered. This involved assessing the terms of the agreement against the criteria established by the Fair Work Commission, which included ensuring that employees were not worse off financially or in terms of conditions. The court also had to determine if the agreement provided a genuine simplification of the award conditions and if it was in the best interests of the employees. The analysis required a detailed comparison between the existing award terms and those proposed in the agreement, focusing on wage rates, penalty rates, and other employment conditions.

The Federal Court found that the DSI Underground Western Australia Agreement 2017 satisfied the BOOT and was in line with the legislative requirements. The court concluded that the agreement did not disadvantage employees and provided genuine simplifications that were in their best interests. Consequently, the court approved the agreement, allowing it to be registered and enforceable under the Fair Work Act. This decision was made based on a comprehensive examination of the agreement's terms and their implications for the employees involved.

DYWIDAG Systems International Pty Limited T/A DSI Underground

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established