DECISION

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

Datanet Electrical Services Pty Ltd T/A Datanet Electrical Services
(AG2019/862)

DATANET ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 30 MAY 2019

Application for approval of the Datanet Electrical Services Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application (Form F16) has been filed by Datanet Electrical Services Pty Ltd(the applicant) for the approval of an enterprise agreement known as the Datanet Electrical Services Pty Ltd Enterprise Agreement 2018-2022 (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 definition of a shiftworker, payment of afternoon or night shift, entitlement to overtime rates and employment of employees undertaking traineeships. 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.

[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 6 June 2019. The nominal expiry date of the Agreement is 30 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Datanet Electrical Services Pty Ltd, trading as Datanet Electrical Services, applied to the Fair Work Commission for approval of their Enterprise Agreement 2018-2022. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission needed to determine if the agreement contained provisions that complied with the Act, including those related to minimum entitlements, dispute resolution, and procedural fairness.

The legal issues before the Commission involved verifying that the agreement adhered to the statutory requirements set out in the Fair Work Act. This included ensuring the agreement did not undermine the safety net of minimum entitlements and was made without any duress, coercion, or unfair pressure. The Commission also had to assess whether the agreement was appropriately negotiated and whether the process of its making was procedurally fair.

After reviewing the evidence and submissions from the parties, the Commission concluded that the agreement complied with the necessary legal standards. The Commission found that all provisions were consistent with the requirements of the Act, including those regarding minimum entitlements, and that the process of making the agreement was fair. Therefore, the application for approval was successful. The agreement was certified, effective from the date of the Commission's decision.

Datanet Electrical Services Pty Ltd T/A Datanet Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established