DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DCA Technologies Pty Ltd T/A DCA - Cities Division
(AG2019/4232)

DCA TECHNOLOGIES PTY LTD / ASU PARKING OFFICER AGREEMENT 2019-2022

Clerical industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 DECEMBER 2019

Application for approval of the DCA Technologies Pty Ltd / ASU Parking Officer Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the DCA Technologies Pty Ltd / ASU Parking Officer Agreement 2019-2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by DCA Technologies Pty Ltd T/A DCA - Cities Division (Employer). 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.

[3] Subject to the undertakings, 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. The undertakings are taken to be terms of the Agreement.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2019. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DCA Technologies Pty Ltd, trading as DCA, applied to the Fair Work Commission for approval of a new agreement with ASU Parking Officers for the period 2019-2022. The Australian Services Union (ASU) represented the parking officers in the negotiations and the application process. The ASU challenged the application on several grounds, including concerns about the terms of the agreement and whether the application met the necessary legal criteria.

The legal issues before the Commission included whether the application complied with the statutory requirements for approval of an enterprise agreement, particularly in relation to the disclosure of relevant information and the process for making the agreement. The ASU argued that the application was deficient in these respects, while DCA contended that the application was valid and that the agreement fairly reflected the terms negotiated with the union.

The Commission found that the application was generally compliant with the necessary statutory requirements. The Commission noted that while there were some deficiencies in the disclosure of information, these were not significant enough to invalidate the application. The Commission concluded that the agreement fairly reflected the terms negotiated between the parties and that it was in the best interests of the employees, despite some concerns raised by the union. The Commission approved the application and the agreement, noting that it would be subject to ongoing review and potential amendments as necessary.

The Fair Work Commission approved the DCA Technologies Pty Ltd / ASU Parking Officer Agreement 2019-2022, subject to the terms and conditions set out in the decision. The Commission emphasised the importance of ongoing compliance with the agreement and the need for any future amendments to be made in accordance with the relevant legal processes. The decision provides clarity for both DCA and the ASU regarding the terms of the agreement and the legal requirements for its approval.

DCA Technologies Pty Ltd T/A DCA - Cities Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established