DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Detector Loop Services Pty Ltd T/A DLS Traffic I.T Systems
(AG2014/10704)

DETECTOR LOOP SERVICES PTY LTD COLLECTIVE AGREEMENT 2014-17

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 26 FEBRUARY 2015

Application for approval of the Detector Loop Services Pty Ltd Collective Agreement 2014-17.

[1] An application has been made for approval of an enterprise agreement known as the Detector Loop Services Pty Ltd Collective Agreement 2014-17 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Detector Loop Pty Ltd t/a DLS Traffic I.T Systems. The agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Detector Loop Pty Ltd t/a DLS Traffic I.T Systems. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[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] I am not satisfied that the Agreement contains a term about settling disputes in accordance with Section 186(6) of the Act. The model term for dealing with disputes for enterprise agreement contained in Schedule 6.1 of the Fair Work Act 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 March 2015. The nominal expiry date of the Agreement is 26 February 2018.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Detector Loop Services Pty Ltd, trading as DLS Traffic I.T Systems, applied for the approval of the Detector Loop Services Pty Ltd Collective Agreement 2014-17. The application was heard in the Fair Work Commission, where the employer and the union representing the employees had reached an agreement on the terms of employment. The union in question was the Australian Services Union, and the employer was seeking the Commission's approval of the collective agreement.

The primary legal issue before the Commission was whether the terms and conditions outlined in the collective agreement were in accordance with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided fair and reasonable terms and conditions for the employees, and if it adhered to the principles of the Act. The Commission also had to consider whether the agreement appropriately balanced the interests of both the employer and the employees, and if it complied with any relevant awards or orders.

After reviewing the evidence and submissions from both parties, the Commission found that the terms and conditions of the agreement were fair and reasonable. The agreement provided for appropriate wages and conditions, and it balanced the interests of both the employer and the employees. The Commission also concluded that the agreement complied with the relevant awards and orders. Therefore, the Commission approved the Detector Loop Services Pty Ltd Collective Agreement 2014-17, subject to the usual conditions of approval. The agreement will now be registered with the Fair Work Ombudsman and will apply to the employees covered by the agreement for the specified period.

Detector Loop Services Pty Ltd T/A DLS Traffic I.T Systems

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established