DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Diversified Services Australia Pty Ltd
(AG2015/873)

DIVERSIFIED SERVICES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 APRIL 2015

Application for approval of the Diversified Services Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Diversified Services Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Diversified Services Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 24 April 2015 and, in accordance with s.54, will operate from 1 May 2015. The nominal expiry date of the Agreement is 24 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Fair Work Commission considered an application for the approval of the Diversified Services Australia Pty Ltd Enterprise Agreement 2015. The applicant, Diversified Services Australia Pty Ltd, sought approval of the enterprise agreement which was intended to cover its employees. The dispute arose as the parties could not reach a mutual agreement on the terms of the enterprise agreement, leading to the application for approval by the Fair Work Commission. The legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether it complied with the process outlined in the Act for the approval of enterprise agreements. The Commission had to consider whether the agreement was fairly negotiated, free from any improper conduct, and if it met the criteria for approval under the Act. The Fair Work Commission found that the enterprise agreement was fairly negotiated and free from any improper conduct. The agreement was deemed to meet the criteria for approval under the Fair Work Act. The Commission considered the process followed in negotiating the agreement and the content of the agreement itself, finding that it complied with the requirements of the Act. The agreement was found to provide for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission approved the enterprise agreement, thereby resolving the dispute between the parties. The approval ensures that the terms and conditions of employment for the employees are governed by the agreed-upon enterprise agreement.

Diversified Services Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established