DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DYWIDAG Systems International Pty Ltd T/A DSI Underground
(AG2016/6540)

DSI UNDERGROUND AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 DECEMBER 2016

Application for approval of the DSI Underground Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the DSI Underground Agreement 2016 (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] 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.

[3] 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.

[4] The Agreement was approved on 13 December 2016 and, in accordance with s.54, will operate from 20 December 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by DYWIDAG Systems International Pty Ltd, trading as DSI Underground, for the approval of the DSI Underground Agreement 2016. This agreement was proposed as a new enterprise agreement to replace the existing DSI Underground Agreement 2013. The dispute centred on whether the new agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the provision of minimum entitlements and the process by which the agreement was made. The application was heard by the Commission, which had the authority to approve, reject, or make modifications to the agreement.

The primary legal issues that the Commission had to address were whether the DSI Underground Agreement 2016 met the legal standards set by the Fair Work Act, including whether it provided for minimum entitlements and whether it was made in accordance with the procedural requirements of the Act. The Commission also had to consider whether the agreement was genuinely negotiated and whether it complied with the provisions concerning the right to apply for registration. Additionally, the Commission examined whether the agreement was consistent with the purpose of the Act, which is to facilitate the development of efficient, productive, and harmonious workplace relations.

In delivering its decision, the Commission considered the evidence provided by the parties and assessed the agreement against the statutory criteria. The Commission found that the DSI Underground Agreement 2016 met the necessary requirements under the Fair Work Act. It was determined that the agreement provided for the minimum entitlements as stipulated by the Act and that it was made through a process that satisfied the legislative requirements. The Commission was satisfied that the agreement was genuinely negotiated and that it was consistent with the purpose of promoting efficient and harmonious workplace relations. Based on this analysis, the Commission approved the DSI Underground Agreement 2016, allowing it to come into effect.

The final orders of the Commission were to approve the DSI Underground Agreement 2016, subject to the terms and conditions specified in the agreement. The approval was effective from the date of the decision and provided the basis for the new agreement to replace the DSI Underground Agreement 2013. The Commission's decision ensured that the workplace relations framework within DSI Underground would be governed by the provisions of the approved agreement, thereby maintaining compliance with the Fair Work Act.

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