DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DECC Pty Ltd
(AG2015/3019)

DECC PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 22 JUNE 2015

Application for approval of the DECC Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 15 June 2015 by DECC Pty Ltd for the approval of a single-enterprise agreement known as the DECC Pty Ltd Enterprise Agreement 2015(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DECC Pty Ltd, an Australian company, applied to the Fair Work Commission for approval of the DECC Pty Ltd Enterprise Agreement 2015, which aimed to govern the terms and conditions of employment for its employees. The application was contested by the Australian Council of Trade Unions, representing certain employees, who objected to the proposed agreement on several grounds. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues the Commission had to resolve were whether the proposed agreement was a genuine enterprise agreement, whether it complied with the procedural requirements, and if it met the "better off overall test" as stipulated by the Act. The Commission also had to consider if the agreement contained provisions that were contrary to public policy or outside the scope of permissible terms.

The Fair Work Commission concluded that the proposed agreement was a genuine enterprise agreement and that it complied with the procedural requirements. The Commission found that the agreement passed the better off overall test, as it provided employees with improved terms and conditions compared to the applicable award. The Commission also held that the agreement did not contain any provisions that were contrary to public policy or outside the scope of permissible terms. As a result, the Commission approved the DECC Pty Ltd Enterprise Agreement 2015.

The Fair Work Commission approved the DECC Pty Ltd Enterprise Agreement 2015, subject to the parties meeting certain conditions, including the lodging of a copy of the agreement with the Commission and the provision of a copy to each employee to whom the agreement applies. The Commission also ordered that the agreement be published on its website.

DECC Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established