DCS WA Pty Ltd Summary

[2018] FWCA 7151

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

DCS WA Pty Ltd

(AG2018/3255)

DCS WA Pty Ltd Enterprise Agreement 2018

Electrical contracting industry
Commissioner McKinnon	MELBOURNE, 22 NOVEMBER 2018

Application for approval of the DCS WA Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the DCS WA Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DCS WA Pty Ltd. The Agreement is a single enterprise agreement.

Written undertakings have been given in accordance with s.190 of the Act. 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.

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 is approved and, in accordance with s.54 of the Act, will operate from 29 November 2018. The nominal expiry date of the Agreement is 28 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, DCS WA Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission under the Fair Work Act 2009. The agreement, which was to be in place for a period of four years, was contested by the respondent, the Australian Manufacturing Workers’ Union, on the grounds that it did not meet the ‘better off overall test’ as required by the legislation. The case was heard in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was in the interests of the employees and whether it provided a safety net of entitlements for those not directly covered by the agreement. Additionally, the court considered if the agreement was fair and reasonable in all its terms.

The court found that the agreement did meet the better off overall test. It provided a range of benefits to employees, including salary increases, improved leave provisions, and better access to training. The court also noted that the agreement included provisions for dispute resolution and protection against unfair dismissal. Furthermore, the court determined that the agreement was fair and reasonable, taking into account the interests of both employees and employers. The application for approval was subsequently granted.

The court's decision resulted in the approval of the DCS WA Pty Ltd Enterprise Agreement 2018, which was to take effect from the date of the judgment. The agreement was deemed to provide fair and reasonable terms for the employees, meeting the statutory requirements for approval under the Fair Work Act.

DCS WA Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established