DESA Australia Pty Limited

[2013] FWCA 1739

[2013] FWCA 1739

FAIR WORK COMMISSION

DECISION

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

DESA Australia Pty Limited
(AG2013/4914)

DESA AUSTRALIA PTY LIMITED NSW ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 20 MARCH 2013

Application for the approval of the DESA Australia Pty Limited NSW Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the DESA Australia Pty Limited NSW Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] The Agreement at clause 8 - Hours of work, and in particular, subclause 8.1.1, provides for the ordinary days of work as being Monday to Sunday. The Electrical, Electronic and Communications Contracting Award 2010 (the Award), being the relevant modern award for the application of the better off overall test as per s.193(1) of the Act, provides for the ordinary days of work as being Monday to Friday. The Commission sought advice from the Applicant with respect to how employees covered by this Agreement are better off overall. The Applicant has advised the Commission that the ordinary days of work in subclause 8.1.1 should be Monday to Friday.

[3] An undertaking with respect to clause 8 - Hours of work, and the ordinary days of work being Monday to Friday, has been provided by the Applicant.

[4] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[5] The Agreement covers those employees in the classification structure in the Agreement that are employed in New South Wales. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[7] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 27 March 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

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