DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

DM Roads Services Pty Ltd
(AG2019/3607)

DM ROADS ITS NSW ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 31 OCTOBER 2019

Application for approval of the DM Roads ITS NSW Enterprise Agreement 2019.

[1] An application (Form F16) has been filed by DM Roads Services Pty Ltd(the applicant) for the approval of an enterprise agreement known as the DM Roads ITS NSW Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[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 Commission raised an issue with the applicant with respect to clause 12.6 of the Agreement and was satisfied with the response provided.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being 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) of the Act, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval. The nominal expiry date of the Agreement is 4 years after the date of approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DM Roads Services Pty Ltd was before the Fair Work Commission, where the applicant sought approval for the DM Roads ITS NSW Enterprise Agreement 2019. The applicant, DM Roads Services, argued that the agreement should be approved as it was negotiated in good faith and met the statutory requirements under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for employees of DM Roads Services, particularly those engaged in the implementation of Intelligent Transport Systems (ITS) in New South Wales.

The legal issues before the Commission involved determining whether the agreement had been negotiated in good faith, whether it complied with the statutory requirements, and whether it met the standards set out in the Fair Work Act 2009. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and if it allowed for the protection of employees' rights and interests.

The Commission found that the DM Roads ITS NSW Enterprise Agreement 2019 was negotiated in good faith and complied with the statutory requirements. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and it met the standards set out in the Fair Work Act 2009. The Commission approved the agreement, stating that it was in the best interests of the employees and provided for their protection and fair treatment. The decision was based on the evidence presented by DM Roads Services and the absence of any objections or concerns raised by other parties. The Commission's approval of the agreement ensures that employees will continue to receive fair and reasonable terms and conditions of employment, and that their rights and interests are protected under the Fair Work Act 2009.

DM Roads Services 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