DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DANDM 2016 Pty Ltd t/a D&M Electrical Communications
(AG2019/4863)

DANDM 2016 PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 FEBRUARY 2020

Application for approval of the DANDM 2016 Pty Ltd Single Enterprise Agreement 2019

[1] DANDM 2016 Pty Ltd t/a D&M Electrical Communications has made an application for approval of an enterprise agreement known as the DANDM 2016 Pty Ltd Single Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 4 February 2020 and, in accordance with s 54, will operate from 11 February 2020. The nominal expiry date of the Agreement is 4 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, DANDM 2016 Pty Ltd trading as D&M Electrical Communications, sought approval of its Single Enterprise Agreement 2019 from the Fair Work Commission. The parties involved were the applicant, an electrical contractor, and the Electrical Trades Union of Australia, the union representing the employees. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory provisions for a single enterprise agreement. Specifically, the Commission needed to assess if the agreement provided for the fair and equitable treatment of employees, including provisions for minimum rates of pay, hours of work, and other employment conditions. Additionally, the Commission considered whether the agreement met the procedural requirements, including whether there was genuine bargaining between the parties and if the agreement had been voted on by the relevant employees.

In reaching its decision, the Commission examined the content of the agreement and the evidence provided by both parties. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and provisions for overtime and penalty rates. The Commission also found that the bargaining process was genuine and that the agreement had been voted on by the relevant employees. Therefore, the Commission was satisfied that the proposed agreement met the necessary requirements for approval. As a result, the Commission approved the DANDM 2016 Pty Ltd Single Enterprise Agreement 2019.

In summary, the Fair Work Commission approved the Single Enterprise Agreement 2019 for DANDM 2016 Pty Ltd trading as D&M Electrical Communications. The Commission found that the agreement provided fair and reasonable terms and conditions of employment and that the bargaining process was genuine. The Commission's decision was based on the evidence provided by both parties and the statutory requirements for a single enterprise agreement under the Fair Work Act 2009.

DANDM 2016 Pty Ltd t/a D&M Electrical Communications

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established