DECISION

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

D.C.R. Services Pty Ltd
(AG2019/2178)

E-TECH GROUP NSW ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 20 AUGUST 2019

Application for approval of the E-Tech Group NSW Enterprise Agreement 2019 - 2023.

[1] An application (Form F16) has been filed by D.C.R. Services Pty Ltd(the Employer) for the approval of an enterprise agreement known as the E-Tech Group NSW Enterprise Agreement 2019 - 2023 (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 as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the following:

• Applicable pay rates and conditions of employment for casual employees;

• Wage rates for apprentices; and

• Engagement of school-based apprentices.

[3] A copy of the undertakings is attached at the end of the Agreement. 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years from the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved D.C.R. Services Pty Ltd, an applicant seeking approval of the E-Tech Group NSW Enterprise Agreement 2019-2023. The nature of the dispute centred on the procedural fairness and substantive fairness of the agreement, including its compliance with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for endorsement.

The legal issues the court had to resolve included whether the applicant had followed proper procedures in negotiating and finalising the agreement, and whether the terms of the agreement were fair and reasonable. Key considerations were the representation of employees, the consultation process undertaken by the applicant, and the extent to which the agreement addressed the needs and interests of both the employer and the employees. The Commission also assessed whether the agreement adequately covered key employment matters such as wages, hours of work, and other conditions of employment.

In delivering its decision, the Fair Work Commission found that the applicant had generally followed appropriate procedures in negotiating the agreement. The Commission was satisfied that there had been adequate consultation with employee representatives and that the agreement had been arrived at through good faith bargaining. The terms of the agreement were deemed fair and reasonable, addressing the key employment matters appropriately and providing for a balanced approach between the interests of the employer and the employees. The Commission approved the E-Tech Group NSW Enterprise Agreement 2019-2023, subject to the parties adhering to the agreed terms and conditions.

D.C.R. Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established