DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

One Diversified (Aust.) Pty Ltd T/A Diversified
(AG2021/5484)

ONE DIVERSIFIED (AUST.) PTY LTD QLD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 14 JUNE 2021

Application for approval of the One Diversified (Aust.) Pty Ltd QLD Single Enterprise Agreement 2021.

[1] One Diversified (Aust.) Pty Ltd T/A Diversified (the Employer) has applied for approval of an enterprise agreement known as the One Diversified (Aust.) Pty Ltd QLD Single Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. There are no bargaining representatives to the Agreement to which I can seek the views relevant to the undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2021. The nominal expiry date of the Agreement is four years after the date of approval, per clause 5.1 of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The applicant, One Diversified (Aust.) Pty Ltd, trading as Diversified, sought approval of its Queensland Single Enterprise Agreement 2021 (the Agreement). The applicant and its employees are parties to the Fair Work Act 2009 (Cth) (the Act). The dispute arose from the negotiation process and the content of the Agreement, with the applicant seeking to have it registered and approved by the Commission.

The primary legal issue before the Fair Work Commission was whether the Agreement met the statutory requirements for approval under the Act, specifically whether it had been genuinely bargained for by the parties and whether it contained all the mandated minimum terms and conditions. Additionally, the Commission had to consider whether any provisions in the Agreement were contrary to public policy or otherwise unenforceable.

The Commission found that the Agreement had been genuinely negotiated between the parties and contained all the mandated minimum terms and conditions. It was noted that the applicant had provided evidence of the negotiation process, which satisfied the Commission that the Agreement had been fairly reached. The Commission also considered that the Agreement did not contain any terms that were contrary to public policy or otherwise unenforceable. As such, the Commission was satisfied that the Agreement met the statutory requirements for approval.

Accordingly, the Fair Work Commission approved the One Diversified (Aust.) Pty Ltd QLD Single Enterprise Agreement 2021, and it became registered on the date of the decision. The applicant was authorised to implement the Agreement in accordance with its terms. The Commission's decision is a useful reminder for employers of the importance of ensuring that enterprise agreements are genuinely negotiated and contain all the mandated minimum terms and conditions to avoid potential disputes and legal challenges.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established