DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Direct Solutions (Australia) Pty Ltd T/A Engineering Directions
(AG2018/2663)

ENGINEERING DIRECTIONS WORKSHOP ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 17 SEPTEMBER 2018

Application for approval of the Engineering Directions Workshop Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Engineering Directions Workshop Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Direct Solutions (Australia) Pty Ltd T/A Engineering Directions. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 September 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Direct Solutions (Australia) Pty Ltd, trading as Engineering Directions, sought approval of the Engineering Directions Workshop Enterprise Agreement 2018. The matter was heard in the Fair Work Commission, with the applicant seeking to have the agreement approved under section 232 of the Fair Work Act 2009. The application was contested by the Electrical Trades Union of Australia, who argued that the agreement did not meet the requirements of the Act, including the "better off overall test" under section 235 of the Act.

The key legal issues before the Commission were whether the agreement provided for terms and conditions that were no worse than the applicable award, and whether it met the "better off overall test". This involved examining the provisions of the agreement in relation to the relevant award, as well as assessing whether the agreement provided for a fair and reasonable outcome for the employees covered by it. The Commission also needed to consider whether any provisions in the agreement were contrary to public policy or the objects of the Act.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the requirements of the Act. It was determined that the agreement provided for terms and conditions that were no worse than the applicable award and that it met the "better off overall test". The Commission noted that the agreement provided for a number of improvements for employees, including increased wages and better conditions, and that these improvements outweighed any potential negative effects. The application was therefore approved, and the Engineering Directions Workshop Enterprise Agreement 2018 was registered with the Commission.

The Fair Work Commission approved the Engineering Directions Workshop Enterprise Agreement 2018, finding that it met the requirements of the Fair Work Act 2009, including the "better off overall test". The agreement was registered with the Commission, and the parties are now bound by its terms and conditions.

Direct Solutions (Australia) Pty Ltd T/A Engineering Directions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established