DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Danhan Solutions Pty Ltd
(AG2021/6115)

DANHAN SOLUTIONS PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 26 JULY 2021

Application for approval of the Danhan Solutions Pty Ltd Single Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Danhan Solutions Pty Ltd Single Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Danhan Solutions Pty Ltd. 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, 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 is approved and, in accordance with s.54 of the Act, will operate from 2 August 2021. The nominal expiry date of the Agreement is 26 July 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Danhan Solutions Pty Ltd, the employer, sought approval for the Danhan Solutions Pty Ltd Single Enterprise Agreement 2021. The application was lodged with the Fair Work Commission (FWC) to determine the appropriateness of the agreement in line with the provisions of the Fair Work Act 2009. The dispute primarily revolved around whether the agreement met the statutory requirements for approval and whether it was fair and reasonable for the purposes of the legislation.

The central legal issues the FWC had to address included whether the agreement contained the mandatory terms and conditions as prescribed by the Act, whether it was made in good faith, and if it was fair and reasonable considering the specific circumstances of the employees and the employer. The FWC also needed to consider the provisions of the Fair Work (Transitional Arrangements) Regulations 2009 in the context of the agreement.

In deliberating on these issues, the FWC examined the evidence presented by both parties, including submissions and witness testimonies. The FWC found that the agreement did contain all the mandatory terms as required by the Act and was made in good faith. It was also determined that the agreement was fair and reasonable considering the specific circumstances. The FWC took into account the need for flexibility in the workplace and the overall benefits the agreement provided to both the employer and the employees.

The FWC approved the Danhan Solutions Pty Ltd Single Enterprise Agreement 2021, confirming its compliance with the statutory requirements. The agreement was considered fair and reasonable, and thus, it was approved for operation. This decision effectively resolved the application, allowing the agreement to take effect as intended by the parties involved.

Danhan Solutions 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