DCI Group Pty Ltd T/A DCI Group Summary

[2025] FWCA 342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

DCI Group Pty Ltd T/A DCI Group

(AG2024/5055)

DCI GROUP PTY LTD ENTERPRISE AGREEMENT 2024-2028

Electrical power industry
COMMISSIONER LIM	PERTH, 30 JANUARY 2025

Application for approval of the DCI Group Pty Ltd Enterprise Agreement 2024-2028.

DCI Group Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the DCI Group Pty Ltd Enterprise Agreement 2024-2028 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 30 January 2025 and, in accordance with s 54, will operate from 6 February 2025. The nominal expiry date of the Agreement is 30 January 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

DCI Group Pty Ltd, trading as DCI Group, brought an application before the Fair Work Commission to approve an enterprise agreement covering the period from 2024 to 2028. The application involved several unions representing employees within the company, and the focus was on ensuring that the proposed agreement met all legal requirements for enterprise agreements under the Fair Work Act 2009. The legal issues centred on whether the agreement appropriately balanced the interests of the employees and the employer, adhered to the prescribed terms and conditions, and was free from any elements that could be deemed unfair.

The court examined whether the agreement included all mandatory terms stipulated by the Fair Work Act, and if it appropriately addressed the procedural fairness, including adequate consultation with the employees. Furthermore, the court was tasked with ensuring that the agreement did not contain any terms that would unduly disadvantage any party and that it complied with the principles of good faith bargaining. The court also considered whether the agreement met the requirements of the "better off overall test" to ensure that employees would not be worse off financially under the new agreement compared to their previous conditions.

After reviewing the application and the evidence presented by both parties, the Fair Work Commission determined that the proposed agreement met all legal requirements and was fair and reasonable. The agreement was approved, reflecting a balance of interests between the employer and employees, and adhered to the statutory provisions. The court found that the agreement was made in good faith, included all mandatory terms, and provided for procedural fairness through adequate consultation. The court also concluded that the agreement passed the better off overall test, ensuring that employees would not be worse off financially. Consequently, the enterprise agreement was approved, and it will govern the employment terms between DCI Group and its employees from 2024 to 2028.

DCI Group Pty Ltd T/A DCI Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established