DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DESA Australia Pty Limited T/A Engie Services DESA
(AG2018/3110)

DESA AUSTRALIA PTY LIMITED NSW ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 27 SEPTEMBER 2018

Application for approval of the DESA Australia Pty Limited NSW Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the DESA Australia Pty Limited NSW Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DESA Australia Pty Limited T/A Engie Services DESA. The Agreement is a single enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 October 2018. The nominal expiry date of the Agreement is 26 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DESA Australia Pty Limited, trading as Engie Services DESA, applied for approval of their Enterprise Agreement 2017-2021. The application was before the Fair Work Commission. The Fair Work Commission is tasked with ensuring that enterprise agreements meet the requirements of the Fair Work Act 2009, including that they are free from prohibited content, fairly made, and do not adversely affect the safety and health of employees. The decision to approve the agreement required the Commission to consider the process by which the agreement was negotiated, whether it contained any prohibited content, and whether the agreement met the other statutory criteria for approval.

The Commission found that the agreement was fairly made and did not contain any prohibited content. It also determined that the agreement did not adversely affect the safety and health of employees. The Commission's decision hinged on a detailed examination of the negotiation process, which was found to be transparent and conducted in good faith. The Commission also considered the content of the agreement, finding that it complied with all relevant legislative provisions. The Commission was satisfied that the agreement provided fair terms and conditions for the employees covered by it.

As a result, the Fair Work Commission approved the DESA Australia Pty Limited Enterprise Agreement 2017-2021. The approval ensures that the agreement will govern the employment conditions of the employees for the period specified, provided that all parties adhere to its terms. The Commission's approval is a critical step in ensuring that the agreement operates effectively within the framework of the Fair Work Act. The decision provides clarity for both the employer and employees regarding the terms of their employment, facilitating a stable and predictable working environment.

DESA Australia Pty Limited T/A Engie Services DESA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established