DCS WA Pty Ltd Summary

[2025] FWCA 3145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DCS WA Pty Ltd

(AG2025/2943)

DCS WA PTY LTD ENTERPRISE AGREEMENT 2025-2029

Electrical contracting industry
COMMISSIONER CONNOLLY	MELBOURNE, 18 SEPTEMBER 2025

Application for approval of the DCS WA Pty Ltd Enterprise Agreement 2025-2029

An application has been made for approval of an enterprise agreement known as the DCS WA Pty Ltd Enterprise Agreement 2025-2029 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by DCS WA Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 3 September 2025.

Approval

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act 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 7 days after the date of approval of the Agreement. The nominal expiry date is 24 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved DCS WA Pty Ltd, an employer, and its employees represented by the Electrical Trades Union of Australia. The dispute centred around the application for approval of the Enterprise Agreement between the parties for the period 2025-2029. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the procedural and substantive requirements outlined in the Fair Work Act. This involved assessing whether the agreement had been fairly negotiated, and whether it contained provisions that were fair and reasonable in all aspects. The Commission also considered whether the agreement was in the best interests of the employees, and whether it met the "better off overall test" (BOOT) required by the legislation.

The Fair Work Commission found that the Enterprise Agreement had been fairly negotiated and contained provisions that were fair and reasonable. The Commission determined that the agreement met the procedural requirements, including the provision of necessary information to the employees and their representatives. In relation to the substantive requirements, the Commission found that the agreement was in the best interests of the employees, as it provided for improvements in wages, conditions, and other benefits. Furthermore, the Commission was satisfied that the agreement met the BOOT, as it provided employees with a better overall package than the applicable awards or registered agreements. Consequently, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement between DCS WA Pty Ltd and the Electrical Trades Union of Australia for the period 2025-2029. The Commission found that the agreement met the necessary procedural and substantive requirements under the Fair Work Act, and was in the best interests of the employees. The approval of the agreement allows the parties to implement the terms and conditions set out in the agreement, which will govern the employment relationship between DCS WA Pty Ltd and its employees for the next five years.

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