DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2016/1143)

DENTSPLY (AUSTRALIA) PTY LTD & NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2016 - 2019

Storage services
COMMISSIONER ROE	MELBOURNE, 23 JUNE 2016

Application for approval of the DENTSPLY (Australia) Pty Ltd & National Union of Workers Collective Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the DENTSPLY (Australia) Pty Ltd & National Union of Workers Collective Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. 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 National Union of Workers 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 23 June 2016 and, in accordance with s.54, will operate from 30 June 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, DENTSPLY (Australia) Pty Ltd and the National Union of Workers sought approval for a collective agreement for the period 2016 to 2019. The dispute was heard in the Fair Work Commission, an Australian tribunal with jurisdiction over employment relations matters.

The primary legal issue before the court was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This required an examination of whether the agreement provided for fair and reasonable terms and conditions for employees and did not discriminate against any particular group. The court also had to consider whether the agreement was made in good faith and whether it complied with any relevant national employment standards.

The court found that the agreement met the necessary criteria for approval. It was concluded that the agreement provided for fair and reasonable terms and conditions for employees, did not contain any discriminatory provisions, and was made in good faith. Additionally, the court confirmed that the agreement complied with all relevant national employment standards. Consequently, the court granted approval for the collective agreement.

The Fair Work Commission approved the DENTSPLY (Australia) Pty Ltd & National Union of Workers Collective Agreement 2016 - 2019, finding that it met the necessary criteria for approval under the Fair Work Act 2009. The agreement was deemed to provide fair and reasonable terms and conditions for employees, without any discriminatory provisions, and in compliance with national employment standards.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established