Darley Group Australia Pty Ltd Summary

[2021] FWCA 5892

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Darley Group Australia Pty Ltd
(AG2021/7340)

DARLEY GROUP AUSTRALIA PTY LTD & ETU NSW CONSTRUCTION ENTERPRISE AGREEMENT 2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 20 SEPTEMBER 2021

Application for approval of the Darley Group Australia Pty Ltd and ETU NSW Construction Enterprise Agreement 2021

[1] An application has been made for approval of a greenfields agreement known as the Darley Group Australia Pty Ltd and ETU NSW Construction 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 greenfields agreement. It has been made by Darley Group Australia Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Darley Group Australia Pty Ltd involved an application for approval of the Darley Group Australia Pty Ltd and the Electrical Trades Union of New South Wales Construction Enterprise Agreement 2021. The dispute centred around the terms and conditions of employment as proposed in the enterprise agreement between the employer and the union, representing the employees. The Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the enterprise agreement provided for the fair and equitable treatment of employees, whether it complied with the procedural fairness requirements, and if it adhered to the provisions of the Fair Work Act, particularly in relation to the minimum standards of pay and conditions. Additionally, the Commission examined whether the agreement adequately facilitated the resolution of disputes and provided for the protection of employees' rights.

The Fair Work Commission concluded that the enterprise agreement met all the necessary criteria for approval. The Commission found that the agreement provided for fair and equitable treatment of employees, complied with procedural fairness, and adhered to the requirements of the Fair Work Act. The Commission also determined that the agreement adequately facilitated the resolution of disputes and provided for the protection of employees' rights. Based on these findings, the Commission approved the Darley Group Australia Pty Ltd and ETU NSW Construction Enterprise Agreement 2021.

The Commission issued an order approving the enterprise agreement, effective from the date of the decision. The parties were directed to take all necessary steps to implement the approved agreement. The decision emphasised the importance of fair and equitable treatment of employees, adherence to legal requirements, and the facilitation of dispute resolution in enterprise agreements.

Darley Group Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established