DECISION

Fair Work Act 2009
s.602 - Application to correct obvious error(s) etc. in relation to FWC's decision

DESA Australia Pty Ltd
(AG2016/3420)

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 30 AUGUST 2016

Application for approval of the DESA Australia Pty Ltd Enterprise Agreement 2016-2020.

[1] On 29 June 2016, the Fair Work Commission (the Commission) issued a Decision [2015] FWCA 4240 (the approval Decision), approving DESA Australia Pty Ltd Enterprise Agreement 2016-2020(the Agreement). The application for approval of the Agreement was made by Desa Australia Pty Ltd T/A Data and Electrical Services (Australia) (the Employer).

[2] On 14 July 2016, the Employer made an application (the correction application), seeking that the Commission exercise powers under s. 602 of the Fair Work Act 2009 (the Act), to correct an obvious error, defect or irregularity arising from the approved Agreement. The correction application sets out the grounds for the order or relief sought and it included, inter alia, a statutory declaration on behalf of the Employer stating that an incorrect copy of the Agreement was provided to the Commission.

[3] The Commission determines that an obvious error has occurred in respect to the document that is referenced in the approval Decision. Therefore, pursuant to s. 602 of the Act, this Decision removes the existing agreement document that is referenced in the approval Decision dated 29 June 2016 and it shall be replaced with the corrected version of the Enterprise Agreement attached to this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DESA Australia Pty Ltd recently appeared before the Fair Work Commission (FWC) in a matter concerning the approval of an enterprise agreement. The applicant, DESA Australia, sought FWG's approval of an enterprise agreement entered into with its employees, who are represented by the Shop, Distributive and Allied Employees' Association (SDA). The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wages, hours of work, and other employment-related matters.

The primary legal issues the FWC was required to address were whether the enterprise agreement complied with the provisions of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall test" (BOOT) agreement. The SDA argued that the agreement did not adequately protect the employees' interests, while DESA contended that the agreement was fair and reasonable. The FWC had to carefully consider the evidence presented by both parties and ensure that the agreement complied with the relevant statutory requirements.

In its decision, the FWC found that the enterprise agreement met the legal requirements set out in the Fair Work Act. The Commission emphasised that the agreement provided for fair and reasonable terms and conditions of employment, and that it satisfied the BOOT criteria. The FWC also noted that the agreement had been negotiated in good faith and that it provided for a fair and efficient workplace. As a result, the FWC approved the enterprise agreement, confirming that it met the necessary legal standards.

The FWC's approval of the DESA Australia Pty Ltd Enterprise Agreement 2016-2020 means that the terms and conditions outlined in the agreement are now legally binding between DESA Australia and its employees. The decision provides certainty for both parties and ensures that the agreement complies with the relevant statutory requirements.

DESA Australia 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