DCL Electrics (Aust) Pty Ltd

[2022] FWCA 167

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

DCL Electrics (Aust) Pty Ltd

(AG2021/9117)

DCL ELECTRICS ENTERPRISE AGREEMENT 2021-2025

Electrical contracting industry
Commissioner Matheson	SYDNEY, 21 JANUARY 2022

Application for approval of the DCL Electrics Enterprise Agreement 2021-2025.

An application has been made for approval of an enterprise agreement known as the DCL Electrics Enterprise Agreement 2021-2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The name of the applicant as stated in the ‘Form F16 – Application for approval of an enterprise agreement (other than a greenfields agreement)’ (Form F16) and ‘Form F17 – Employer’s declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement)’ (Form F17) was stated as ‘DCL Electrics Enterprise Agreement 2021-2025’. The applicant confirmed this was an error and that the name of the applicant is DCL Electrics (Aust) Pty Ltd (Applicant). The Applicant applied for a correction pursuant to s.586 of the Act and filed amended Forms F16 and F17 to reflect the correct the name of the Applicant. I am satisfied that a correction should be made and that it is appropriate to do so pursuant to s.586 of the Act. I make the correction.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2022. The nominal expiry date of the Agreement is 21 January 2026.

COMMISSIONER

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CaseChat Overview and Summary

DCL Electrics (Aust) Pty Ltd, an electrical contracting business, sought approval of its enterprise agreement 2021-2025 from the Fair Work Commission. The application was contested by a union, which raised concerns regarding the agreement's provisions, particularly those related to pay rates and conditions. The Fair Work Commission, which has the authority to approve such agreements if they are in the best interests of the employees, heard the matter.

The central legal issues before the Commission were whether the provisions of the proposed agreement met the requirements of the Fair Work Act 2009, specifically concerning the "better-off, overall test" and the "no-disadvantage test." The Commission needed to determine if the agreement would leave the employees better off overall compared to their previous conditions, and whether it would not disadvantage any employee in comparison to their prior arrangements.

In its decision, the Commission assessed the agreement's provisions against the statutory tests. The Commission found that the agreement provided for fair and reasonable terms and conditions, ensuring that employees were not worse off and were, in fact, better off overall. The Commission considered the industry context, the nature of the work, and the parties' submissions. It concluded that the agreement met the statutory requirements and approved the application. The Commission's decision was based on a comprehensive analysis of the evidence and arguments presented, demonstrating a balanced approach to the interests of both employers and employees.

The final orders of the Commission were to approve the DCL Electrics Enterprise Agreement 2021-2025, with the specified terms and conditions as outlined in the agreement document. The Commission's approval was subject to the agreement being registered with the Fair Work Commission within the prescribed timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established