DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DCL Electrics (Aust) Pty Ltd t/a DCL Electrics
(AG2016/3124)

DCL ELECTRICS ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 22 JUNE 2016

Application for approval of the DCL Electrics Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the DCL Electrics Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DCL Electrics (Aust) Pty Ltd t/a DCL Electrics. The Agreement is a single enterprise agreement.

[2] 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 22 June 2016 and, in accordance with s.54, will operate from 29 June 2016. The nominal expiry date of the Agreement is 22 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DCL Electrics (Aust) Pty Ltd, trading as DCL Electrics, applied to the Fair Work Commission for approval of the DCL Electrics Enterprise Agreement 2016 - 2020. The application arose from a dispute concerning the terms and conditions of employment for the company's electricians and apprentices. The legal issues that the Fair Work Commission was required to address involved assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the minimum entitlements of the employees.

The Commission considered whether the agreement provided for minimum rates of pay, penalty rates, leave entitlements and other conditions that were not less favourable than the applicable modern awards. The Commission also examined whether the agreement included appropriate dispute resolution processes and if the agreement was genuinely negotiated. After reviewing the submissions and evidence provided by the parties, the Commission determined that the agreement was in compliance with the statutory requirements.

Consequently, the Fair Work Commission approved the DCL Electrics Enterprise Agreement 2016 - 2020, finding it to be a lawful and genuine agreement that provided for the minimum entitlements of the employees. The decision underscores the importance of ensuring that enterprise agreements are negotiated fairly and provide for the necessary protections for employees. The Commission's approval of the agreement allows the parties to proceed with implementing the terms and conditions outlined in the agreement.

DCL Electrics (Aust) Pty Ltd t/a DCL Electrics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established