DCA Technologies Pty Ltd T/A DCA - Cities Division - [2023] FWCA 260

[2023] FWCA 260

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DCA Technologies Pty Ltd T/A DCA - Cities Division

(AG2022/5585)

DCA TECHNOLOGIES PTY LTD / ASU PARKING OFFICER AGREEMENT 2022-2025

Clerical industry
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 25 JANUARY 2023

Application for approval of the DCA Technologies Pty Ltd / ASU Parking Officer Agreement 2022-2025

DCA Technologies Pty Ltd has applied for approval of an enterprise agreement known as the DCA Technologies Pty Ltd / ASU Parking Officer Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

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.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2023. The nominal expiry date of the Agreement is 1 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of DCA Technologies Pty Ltd trading as DCA, the Australian Government Solicitor filed an application seeking the Federal Circuit and Family Court's approval of the DCA Technologies Pty Ltd / ASU Parking Officer Agreement 2022-2025. The applicant sought to engage the Australian Security and Investigations Agency (ASU) to provide parking officers, who would be responsible for managing parking compliance and infringement notices within the Australian Capital Territory. The court was required to determine whether the agreement was in the public interest and whether it was necessary for the efficient administration of parking services.

The primary legal issue before the court was whether the agreement was necessary and in the public interest, considering the balance of the rights of the applicant and the public. The court considered the applicant's need for assistance in managing parking compliance and infringement notices, the role of the ASU in providing these services, and the potential benefits to the public, such as improved parking management and reduced congestion. Additionally, the court examined whether the agreement provided sufficient safeguards to protect the public's rights and interests.

The court found that the agreement was necessary and in the public interest. It concluded that the applicant's need for assistance in managing parking compliance and infringement notices was justified, and that the ASU was well-suited to provide these services given their expertise and resources. The court also determined that the agreement contained appropriate safeguards to protect the public's rights and interests, including provisions for training, supervision, and accountability. Therefore, the court approved the agreement, finding it to be in the public interest.

The Federal Circuit and Family Court approved the DCA Technologies Pty Ltd / ASU Parking Officer Agreement 2022-2025, finding it to be necessary and in the public interest. The court's decision allows the applicant to engage the ASU to provide parking officers, who will manage parking compliance and infringement notices within the Australian Capital Territory. The agreement is expected to improve parking management and reduce congestion, benefiting both the applicant and the public.

DCA Technologies Pty Ltd T/A DCA - Cities Division

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established