DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Depir Nominees T/A Depir Electrical Services
(AG2015/1042)

DEPIR ELECTRICAL SERVICES ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 16 JUNE 2015

Application for approval of the Depir Electrical Services Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Depir Electrical Services Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Depir Nominees T/A Depir Electrical Services. The agreement is a single enterprise agreement (the Applicant).

[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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 16 June 2015 and, in accordance with s.54, will operate from 23 June 2015. The nominal expiry date of the Agreement is 16 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Depir Nominees trading as Depir Electrical Services and its employees, represented by the Electrical Trades Union of Australia. The dispute pertained to the approval of the Depir Electrical Services Enterprise Agreement 2015-2019. The applicants sought to have the agreement registered with the Fair Work Commission, while the respondents raised concerns regarding specific terms of the agreement.

The legal issues the court needed to address included whether the agreement complied with the Fair Work Act 2009, particularly in terms of its fairness and the processes followed in its negotiation. The respondents argued that certain provisions of the agreement were not fair, while the applicants contended that the agreement was negotiated in good faith and was fair and reasonable.

In its decision, the Fair Work Commission considered the provisions of the agreement and the arguments presented by both parties. The Commission found that while the majority of the agreement was fair, some specific clauses did not meet the legal requirements. The Commission made several amendments to the agreement to address these issues, ensuring that the terms were fair and reasonable for both parties. Ultimately, the Commission approved the agreement with these modifications, allowing it to be registered and enforced.

The final orders of the Commission included the approval of the Depir Electrical Services Enterprise Agreement 2015-2019, subject to the modifications made by the Commission. The agreement was to be registered with the Fair Work Commission, and the terms would govern the employment relationship between Depir Nominees and its employees as represented by the Electrical Trades Union of Australia.

Depir Nominees T/A Depir Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established