DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DYWIDAG Systems International Pty Ltd T/A DSI Underground
(AG2021/6718)

DSI UNDERGROUND AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 1 SEPTEMBER 2021

Application for approval of the DSI Underground Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the DSI Underground Agreement 2021 (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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, DYWIDAG Systems International Pty Ltd trading as DSI Underground, sought approval of the DSI Underground Agreement 2021 from the Fair Work Commission. The dispute centred around the terms of this agreement, which proposed changes to the conditions of employment for employees within the organisation. The Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions of employment.

The primary legal issues the court had to address included whether the proposed agreement met the statutory requirements for being deemed a lawful agreement under the Fair Work Act 2009. This involved examining the process by which the agreement was made, including whether there was genuine bargaining, and whether the terms and conditions of employment were fair and reasonable. The court also had to consider whether the agreement adequately protected the rights and interests of the employees involved.

In reaching its decision, the Fair Work Commission carefully evaluated the evidence presented regarding the negotiation process and the terms of the proposed agreement. The Commission found that the agreement had been genuinely bargained and that it provided for fair and reasonable terms and conditions of employment. The Commission concluded that the proposed agreement met all the statutory requirements and approved it accordingly.

The Commission's approval of the DSI Underground Agreement 2021 was based on its finding that the agreement was made through genuine bargaining and that it provided for fair and reasonable terms and conditions of employment. The court's approval was a significant step in formalising the employment conditions for the employees involved, ensuring that the agreement was legally binding and enforceable.

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