DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decmil Telecom Pty Ltd T/A SAS Telecom Pty Ltd
(AG2015/4976)

DECMIL TELECOM ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	PERTH, 24 SEPTEMBER 2015

Application for approval of the Decmil Telecom Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Decmil Telecom Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decmil Telecom Pty Ltd T/A SAS Telecom Pty Ltd. 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 24 September 2015 and, in accordance with s.54, will operate from 1 October 2015. The nominal expiry date of the Agreement is 24 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission was an application by Decmil Telecom Pty Ltd trading as SAS Telecom Pty Ltd, seeking approval of the Decmil Telecom Enterprise Agreement 2015. The application involved determining whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, including the requirement that the agreement was made in good faith and for the purpose of creating an enterprise agreement.

The central legal issues before the Commission were whether the agreement had been made in good faith, whether it was made for the purpose of creating an enterprise agreement, and whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to consider if the agreement was negotiated genuinely and whether it contained terms that were fair and reasonable in the circumstances.

The Commission found that the agreement was made in good faith and for the purpose of creating an enterprise agreement. The negotiation process was thorough and involved multiple meetings between the parties. The Commission was satisfied that the agreement contained terms that were fair and reasonable, taking into account the overall context of the negotiations, the industry standards, and the specific circumstances of the enterprise. The Commission also noted that the agreement provided for a dispute resolution process and included provisions for the protection of employees' rights.

In light of the findings, the Commission approved the Decmil Telecom Enterprise Agreement 2015, making it a legally binding agreement between Decmil Telecom and the employees covered by the agreement. The approval was based on the determination that the agreement met all the necessary criteria under the Fair Work Act and was in the best interest of the employees.

Decmil Telecom Pty Ltd T/A SAS Telecom 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