DCI Electrical (WA) Pty Ltd T/A DCI Electrical Summary

[2014] FWCA 501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DCI Electrical (WA) Pty Ltd T/A DCI Electrical
(AG2013/10146)

DCI ELECTRICAL SERVICES (WA) PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 JANUARY 2014

Application for approval of the DCI Electrical Services (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the DCI Electrical Services (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by DCI Electrical Services (WA) Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 21 January 2014 and, in accordance with s.54, will operate from 28 January 2014. The nominal expiry date of the Agreement is 21 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DCI Electrical (WA) Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement, the DCI Electrical Services (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The applicants are an electrical contractor operating in Western Australia, and the respondents are the applicants' employees represented by the Australian Workers' Union. The dispute concerns the terms and conditions of employment for the employees covered by the proposed agreement.

The primary legal issue the court had to address was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements for enterprise agreements. The court also examined whether the agreement contained any terms that were contrary to public policy or were otherwise unlawful.

The court found that the agreement was fair and reasonable, providing for appropriate terms and conditions for the employees. It satisfied the procedural requirements and did not contain any terms that contravened public policy or were unlawful. The court noted that the agreement included provisions for minimum rates of pay, entitlements, and other conditions of employment that were consistent with industry standards. The applicants demonstrated that the agreement had been negotiated in good faith and that the employees had been adequately informed about the agreement's contents. As a result, the court approved the agreement.

The Fair Work Commission approved the DCI Electrical Services (WA) Pty Ltd Roy Hill AWU Greenfields Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees covered by the agreement.

DCI Electrical (WA) Pty Ltd T/A DCI Electrical

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established