DG Facilities Pty Ltd Summary

[2022] FWCA 2901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DG Facilities Pty Ltd

(AG2022/3403)

DG Facilities Pty Ltd trading as DG Group (Plumbing & Civil) and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 AUGUST 2022

Application for approval of the DG Facilities Pty Ltd trading as DG Group (Plumbing & Civil) and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022

DG Facilities Pty Ltd has made an application for approval of an enterprise agreement known as the DG Facilities Pty Ltd trading as DG Group (Plumbing & Civil) and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 24 August 2022 and, in accordance with s 54, will operate from 31 August 2022. The nominal expiry date of the Agreement is 31 October 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DG Facilities Pty Ltd sought approval for a new enterprise agreement, which was to cover the relationship between the company and its employees as represented by the CEPU – Plumbing Division Victorian Branch. The Fair Work Commission was the court that heard the application. The crux of the legal issues that the Commission had to address was whether the proposed agreement was in compliance with the requirements of the Fair Work Act 2009, particularly in terms of the procedural fairness and the protection of employees' rights. The Commission needed to verify that the agreement had been genuinely bargained for, that it did not contain any terms that were contrary to public policy, and that it met all the procedural requirements for approval.

In delivering its decision, the Commission examined the evidence presented regarding the bargaining process, the terms of the agreement, and the impact of the agreement on the employees. The Commission considered whether the company had provided adequate information to the employees about the agreement, whether the employees had had an opportunity to discuss the terms, and whether the agreement had been properly negotiated. The Commission also assessed whether the agreement included terms that were necessary to protect employees' interests and whether it adhered to the legislative framework. The Commission concluded that the application met all the necessary criteria and that the agreement was fair and appropriate for approval.

The Commission approved the proposed enterprise agreement, finding it to be compliant with the Fair Work Act 2009. The Commission determined that the agreement had been genuinely negotiated and that it did not contain any terms that were contrary to public policy. The Commission further found that the agreement provided adequate protections for employees and met all the procedural requirements for approval. This decision ensures that the employees covered by the agreement will have their rights and interests protected under the new terms of employment.

DG Facilities Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established