D.C.R. Services Pty Ltd

[2024] FWCA 1973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

D.C.R. Services Pty Ltd

(AG2024/1726)

D.C.R. SERVICES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MAY 2024

Application for approval of the D.C.R. Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

D.C.R. Services Pty Ltd has made an application for approval of an enterprise agreement known as the D.C.R. Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see 53(2)(b)).

The Agreement was approved on 30 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, D.C.R. Services Pty Ltd, sought approval of the D.C.R. Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The Fair Work Commission heard the application, as it concerns employment law and workplace relations. The agreement, intended to govern the terms and conditions of employment between the employer and the union representing the employees, was submitted for formal approval. The union, CEPU Electrical Division Queensland, also participated in the proceedings.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the employees’ terms and conditions of employment, including pay and conditions, in a manner that complied with the Act. The Commission also examined if the agreement had been fairly negotiated and if it contained necessary provisions regarding employee representation and dispute resolution.

In assessing the application, the Fair Work Commission considered the nature of the proposed agreement, the process of its negotiation, and its compliance with the statutory requirements. The Commission found that the agreement was the product of good faith bargaining and was comprehensive in addressing the terms and conditions of employment. The agreement contained provisions for pay, hours of work, leave, and dispute resolution mechanisms, all of which were deemed fair and reasonable. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the legislative framework.

The Fair Work Commission approved the D.C.R. Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. This decision provides legal certainty for the terms and conditions of employment between the employer and the union, ensuring that the agreement operates within the bounds of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established