DYWIDAG Systems International Pty Ltd T/A DSI Underground

[2020] FWCA 4821

[2020] FWCA 4821

FAIR WORK COMMISSION

DECISION

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

DYWIDAG Systems International Pty Ltd T/A DSI Underground
(AG2020/2277)

DSI UNDERGROUND AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 SEPTEMBER 2020

Application for approval of the DSI Underground Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the DSI Underground Agreement 2020 (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 Ltd T/A DSI Underground. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at clause 2.1(b). On 26 August 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] 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.

[6] The Agreement was approved on 8 September 2020 and, in accordance with s.54, will operate from 15 September 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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