DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DESA Australia Pty Ltd T/A Data and Electrical Services (Australia)
(AG2016/3420)

DESA AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

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

[1] An application has been made for approval of an enterprise agreement known as the DESA Australia Pty Ltd Enterprise Agreement 2016-2020 (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 Ltd T/A Data and Electrical Services (Australia). 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. 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.

[3] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 2016. The nominal expiry date of the Agreement is 29 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, DESA Australia Pty Ltd, trading as Data and Electrical Services (Australia), applied for the approval of the DESA Australia Pty Ltd Enterprise Agreement 2016-2020. The application was contested by the Electrical Trades Union of Australia, which raised concerns about the fairness and adequacy of the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it could be approved.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the procedural and substantive fairness tests set out in the Fair Work Act. The Electrical Trades Union of Australia argued that the agreement did not adequately address several matters, including minimum wage rates, penalty rates, and provisions concerning redundancies. The Commission had to examine the negotiation process, the content of the agreement, and its potential impact on the employees.

After reviewing the submissions and evidence presented by both parties, the Commission found that the negotiation process was generally fair and that the agreement contained provisions that were consistent with the relevant legislative framework. The Commission noted that the agreement provided for reasonable terms and conditions of employment, including appropriate wage rates and penalty rates, and included provisions for redundancy and other employee protections. The Commission concluded that the agreement met the procedural and substantive fairness tests and could be approved.

The Fair Work Commission approved the DESA Australia Pty Ltd Enterprise Agreement 2016-2020, subject to the terms and conditions specified in the decision. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the decision until the end of the specified period. The Commission emphasised the importance of ongoing consultation and negotiation between the parties to ensure the continued fairness and effectiveness of the agreement.

DESA Australia Pty Ltd T/A Data and Electrical Services (Australia)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established