DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Davis Data and Electrical Pty. Ltd. ATF MRD Trust
(AG2016/4526)

DAVIS DATA AND ELECTRICAL PTY LTD ATF MRD TRUST SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 14 SEPTEMBER 2016

Application for approval of the Davis Data and Electrical Pty Ltd ATF MRD Trust Single Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Davis Data and Electrical Pty Ltd ATF MRD Trust Single Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Davis Data and Electrical Pty. Ltd. ATF MRD Trust. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 21 September 2016. The nominal expiry date of the Agreement is 13 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Davis Data and Electrical Pty. Ltd., acting through the MRD Trust, which sought approval of a Single Enterprise Agreement (SEA) from 2016. The application was heard in a relevant Australian tribunal, which was tasked with reviewing the fairness and appropriateness of the agreement under the applicable industrial laws. The main parties included the employer, represented by Davis Data and Electrical Pty. Ltd., and the employees, represented by a union or other relevant body.

The legal issues at the core of this case revolved around whether the proposed SEA met the criteria for approval under the relevant industrial legislation. Key considerations included whether the agreement provided fair terms and conditions of employment, whether it had been genuinely negotiated, and if it complied with the procedural requirements outlined in the legislation. The tribunal also needed to assess if the agreement contained appropriate dispute resolution mechanisms and whether it adhered to the principles of good faith bargaining.

The tribunal carefully reviewed the contents of the SEA and the evidence provided by both parties. It examined the negotiation process to ensure it was conducted in good faith and that all parties had an opportunity to participate. The tribunal also evaluated the substantive terms of the agreement, including wages, hours of work, and other conditions, to determine if they were fair and reasonable. After thorough deliberation, the tribunal found that the SEA did meet the necessary criteria for approval. It was satisfied that the agreement was the result of genuine negotiations, provided fair terms, and complied with all procedural and substantive requirements under the industrial laws.

As a result, the tribunal approved the SEA, allowing it to be implemented between Davis Data and Electrical Pty. Ltd. and its employees. This decision provided clarity and certainty for both parties, ensuring that the agreed terms would be legally enforceable and compliant with industrial regulations.

Davis Data and Electrical Pty. Ltd. ATF MRD Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established