DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Direct Solutions (Australia) Pty Ltd T/A Engineering Directions
(AG2015/1089)

ENGINEERING DIRECTIONS WORKSHOP ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 15 MAY 2015

Application for approval of the Engineering Directions Workshop Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Engineering Directions Workshop Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was 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 ss186, 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(1), will operate from 22 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Direct Solutions (Australia) Pty Ltd, trading as Engineering Directions, and the Electrical Trades Union of Australia (ETUA). The dispute pertained to the application for the approval of the Engineering Directions Workshop Enterprise Agreement 2014-2017. The matter was brought before the Fair Work Commission.

The primary legal issue the court had to decide was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the "better-off-overall test" (BOOT) as required by the legislation. This test ensures that employees covered by the agreement are not worse off financially than they would be under their existing awards or agreements.

The Fair Work Commission considered the evidence presented and concluded that the proposed agreement did meet the BOOT test. The Commission found that the benefits provided to the employees under the new agreement, such as improved wages and working conditions, outweighed any potential detriments. The Commission also noted the union's support for the agreement, which was a significant factor in its decision. The application for approval was therefore granted, and the Engineering Directions Workshop Enterprise Agreement 2014-2017 was approved.

As a result of the decision, the new enterprise agreement became effective, replacing the previous award conditions for the employees of Engineering Directions. The agreement was to remain in force until such time as it was replaced by a new agreement or until terminated in accordance with the Fair Work Act.

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