DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DCI Electrical Services (WA) Pty Ltd
(AG2020/3803)

DCI ELECTRICAL SERVICES (WA) PTY LTD ENTERPRISE AGREEMENT 2020-2024

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 19 JANUARY 2021

Application for approval of the DCI Electrical Services (WA) Pty Ltd Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the DCI Electrical Services (WA) Pty Ltd Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DCI Electrical Services (WA) Pty Ltd. 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. The undertakings are taken to be a term of 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 26 January 2021. The nominal expiry date of the Agreement is 19 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of DCI Electrical Services (WA) Pty Ltd, the applicant sought approval of an enterprise agreement entered into between the employer and the Electrical Trades Union of Australia. The dispute came before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The central issue before the Commission was whether the agreement complied with the legal standards and criteria for approval, particularly focusing on whether it contained the necessary elements such as minimum rates of pay and conditions, and whether it had been made in good faith and without coercion.

The Commission examined the provisions of the agreement to ensure it included all required elements, such as minimum wage rates and conditions of employment. The analysis also considered whether the agreement had been made in good faith, without any duress or coercion, and whether it provided for a proper system of dispute resolution. Additionally, the Commission assessed whether the agreement met the standard of being "better off overall" for the employees, which is a key criterion under the Fair Work Act. The Commission found that the agreement was comprehensive and adequately covered all the necessary elements, and it was made in good faith without any coercion. The terms of the agreement were deemed to be better off overall for the employees, leading to the conclusion that it met the statutory requirements for approval.

Accordingly, the Fair Work Commission approved the DCI Electrical Services (WA) Pty Ltd Enterprise Agreement 2020-2024. The approval was based on the finding that the agreement complied with all relevant legal standards and provided for fair and reasonable terms and conditions for the employees. The decision reinforces the importance of ensuring that enterprise agreements are made in good faith and provide adequate protections for employees.

DCI Electrical Services (WA) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established