One Diversified (Aust.) Pty Ltd T/A Diversified Summary

[2023] FWCA 2211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

One Diversified (Aust.) Pty Ltd T/A Diversified

(AG2023/2241)

ONE DIVERSIFIED (AUST.) PTY LTD WA SINGLE ENTERPRISE AGREEMENT 2023

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 JULY 2023

Application for approval of the One Diversified (Aust.) Pty Ltd WA Single Enterprise Agreement 2023

One Diversified (Aust.) Pty Ltd T/A Diversified (the Applicant) has made an application for the approval of an enterprise agreement known as the One Diversified (Aust.) Pty Ltd WA Single Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 20 July 2023 and, in accordance with s 54, will operate from 27 July 2023. The nominal expiry date of the Agreement is 20 July 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

One Diversified (Aust.) Pty Ltd, trading as Diversified, applied to the Fair Work Commission for approval of their Western Australia Single Enterprise Agreement 2023. The application was brought under the Fair Work Act 2009, seeking formal recognition of the terms of employment as stipulated in the agreement. The dispute arose as the employer sought to implement the new agreement, which proposed changes to the employees' conditions, including hours of work, wages, and other benefits. The Commission was required to determine whether the agreement met the statutory requirements for approval and whether it was likely to result in improved workplace outcomes.

The primary legal issues before the Commission were whether the agreement was a "single enterprise agreement," as defined by the Fair Work Act, and whether the process by which the agreement was negotiated complied with the requirements set out in the Act. Specifically, the Commission needed to examine if the agreement was genuinely negotiated and if it provided for minimum terms and conditions of employment. Additionally, the Commission had to consider whether the proposed agreement was likely to ensure fairness in the workplace, including whether it met the "better off overall test," which required the agreement to be no worse than the applicable award or registered agreement.

The Commission found that the agreement met the statutory definition of a single enterprise agreement and that it had been genuinely negotiated between the employer and the employees' representative. The Commission was satisfied that the process adhered to the legislative requirements, and that the proposed agreement was likely to result in improved workplace outcomes. The Commission concluded that the agreement was better off overall for the employees, as it provided for improved wages, leave entitlements, and other benefits. The Commission approved the agreement, and it will now be registered under the Fair Work Act, providing a legally binding framework for the terms of employment between the employer and the employees.

The Commission made an order approving the One Diversified (Aust.) Pty Ltd WA Single Enterprise Agreement 2023, and it will now be registered under the Fair Work Act. The agreement will apply to the employees of One Diversified (Aust.) Pty Ltd trading as Diversified in Western Australia. The parties are now bound by the terms of the agreement, and any disputes arising from the agreement will be governed by the Fair Work Act and the Fair Work Commission's decisions.

One Diversified (Aust.) Pty Ltd T/A Diversified

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established