DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DCA Technologies Pty Ltd T/A Tenix Solutions
(AG2019/1577)

DCA TECHNOLOGIES LOCAL GOVERNMENT SUPPORT SERVICES BANDS 1-4 EMPLOYEE AGREEMENT 2019 TO 2022

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JULY 2019

Application for approval of the DCA Technologies Local Government Support Services Bands 1-4 Employee Agreement 2019 to 2022.

[1] An application has been made for approval of an enterprise agreement known as the DCA Technologies Local Government Support Services Bands 1-4 Employee Agreement 2019 to 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DCA Technologies Pty Ltd T/A Tenix Solutions. 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 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] 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 Services Union (ASU) 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 8 July 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DCA Technologies Pty Ltd, trading as Tenix Solutions, sought approval for a new enterprise agreement for its Local Government Support Services employees. The application was made to the Fair Work Commission (FWC), which has the authority to approve such agreements under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the criteria for approval, including whether it provided for the appropriate minimum terms and conditions for the employees covered by the agreement.

The primary legal issue before the FWC was whether the proposed agreement complied with the procedural requirements of the Fair Work Act and whether it contained the minimum terms and conditions mandated by the Act. The FWC had to consider if the agreement was made in good faith, if it was free from any improper conduct, and whether it provided for minimum rates of pay and conditions for the employees. The FWC also needed to assess whether the agreement contained the appropriate dispute resolution mechanisms.

In evaluating the application, the FWC determined that the proposed agreement was procedurally sound and met all the requirements set out in the Fair Work Act. The FWC found that the agreement was made in good faith and did not contain any improper conduct. The FWC confirmed that the agreement provided for the minimum terms and conditions as required by the Act, including the minimum rates of pay, leave entitlements, and other conditions. The FWC was satisfied that the dispute resolution mechanisms in the agreement were appropriate. Consequently, the FWC approved the DCA Technologies Local Government Support Services Bands 1-4 Employee Agreement 2019 to 2022.

The FWC's decision was to approve the proposed enterprise agreement, ensuring that it would come into effect from the specified date. This approval means that the agreement is now legally binding on the parties involved and will govern the employment conditions of the employees covered by the agreement for the specified period.

DCA Technologies Pty Ltd T/A Tenix Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established