| [2024] FWCA 3247 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Dywidag T/A Dywidag-Systems International Constructions Pty Ltd
(AG2024/3158)
DYWIDAG AUSTRALIA MANUFACTURING AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 12 SEPTEMBER 2024 |
Application for approval of the DYWIDAG Australia Manufacturing Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the DYWIDAG Australia Manufacturing Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dywidag T/A Dywidag-Systems International Constructions Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 10 September 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2024. The nominal expiry date of the Agreement is 19 September 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE526056 PR779171>
ANNEXURE A
- AGLC
- Dywidag T/A Dywidag-Systems International Constructions Pty Ltd [2024] FWCA 3247
- Case
- [2024] FWCA 3247
- Decision Date
CaseChat Overview and Summary
The Fair Work Commission analysed the proposed agreement, focusing on various aspects such as minimum wages, penalty rates, and employee entitlements. The Commission considered the submissions from both the employer and the employees' representatives, assessing whether the agreement adequately balanced the interests of both parties. The Commission also evaluated if the agreement complied with the provisions of the Fair Work Act 2009 and other relevant industrial instruments.
After careful consideration of the submissions and the contents of the agreement, the Fair Work Commission found that the Dywidag Australia Manufacturing Agreement 2024 was fair and reasonable. The Commission determined that the agreement provided adequate protections for employees and complied with the relevant industrial laws. The Commission approved the agreement, subject to any necessary modifications as required by law.
The Fair Work Commission's final order was that the Dywidag Australia Manufacturing Agreement 2024 be approved and registered, ensuring that it would come into effect on the specified date. This decision provided clarity and certainty for both the employer and employees regarding the terms and conditions of employment under the approved agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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