DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DYWIDAG Systems International Pty Ltd T/A DSI Underground
(AG2017/2625)

DSI UNDERGROUND AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 20 JULY 2017

Application for approval of the DSI Underground Agreement 2017.

[1] On 3 July 2017 DYWIDAG Systems International Pty Ltd T/A DSI Underground (Applicant) made an application for approval of the DSI Underground Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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.

[5] 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.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 July 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the case of DYWIDAG Systems International Pty Ltd T/A DSI Underground involved an application for the approval of an enterprise agreement under the Fair Work Act 2009. The applicant, DSI Underground, sought approval for the DSI Underground Agreement 2017, which would govern the employment conditions of its workers. The primary dispute centred on whether the agreement complied with the procedural and substantive requirements of the Fair Work Act.

The central legal issues before the court were whether the agreement was made in accordance with the procedural requirements outlined in the Fair Work Act and whether it contained all the mandatory terms and conditions that the Act required. Specifically, the court had to determine if the agreement was genuinely negotiated between the employer and the employees' representatives, and if it included all necessary provisions such as minimum wages, penalty rates, and standard hours of work. Additionally, the court assessed whether the agreement contained any terms that were less favourable than the applicable awards or the general industrial safety provisions.

The court thoroughly examined the evidence provided regarding the negotiation process, concluding that the agreement was indeed made through genuine bargaining between the parties. The court found that the negotiation process was transparent and involved meaningful discussions between the employer and the employees' representatives. Furthermore, the court determined that the agreement contained all the mandatory terms and conditions required by the Fair Work Act, including the necessary provisions regarding wages, hours, and other employment standards. The court also confirmed that none of the terms in the agreement were less favourable than the applicable awards or the general industrial safety provisions.

As a result, the court approved the DSI Underground Agreement 2017, allowing it to come into effect. This decision provided legal certainty to the employment conditions of the workers, ensuring that the agreement met all statutory requirements and was the product of genuine negotiations.

DYWIDAG Systems International Pty Ltd 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