DSECE Enterprises Pty Ltd Summary

[2013] FWCA 9691

FAIR WORK COMMISSION

DECISION

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

DSECE Enterprises Pty Ltd
(AG2013/10309)

DSECE ENTERPRISES PTY LTD T/AS DSE CIVIL ELECTRICAL ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 11 DECEMBER 2013

Application for approval of the DSECE Enterprises Pty Ltd T/As DSE Civil Electrical Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 December 2013 by DSECE Enterprises Pty Ltd for the approval of a single-enterprise agreement known as the DSECE Enterprises Pty Ltd T/As DSE Civil Electrical Enterprise Agreement 2013 (“the Agreement”).

[2] On 11 December 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, DSECE Enterprises Pty Ltd sought approval for their Enterprise Agreement, which aimed to govern the employment terms of their workers. The company, operating under the trade name DSE Civil Electrical, was seeking to establish a new agreement to replace the existing one. The application was contested by a union representative for the employees, who raised concerns about certain clauses in the proposed agreement. The commission was tasked with determining whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The central legal issues before the commission were whether the proposed agreement complied with the formal requirements set out in the Fair Work Act, and whether it contained the necessary "safety net" provisions to ensure that employees were not disadvantaged compared to their previous conditions. Specific concerns included the adequacy of the agreement's provisions regarding penalty rates and overtime, as well as the overall fairness of the terms proposed. The commission also needed to assess whether the agreement had been genuinely negotiated and whether it provided for appropriate dispute resolution mechanisms.

In delivering its decision, the commission carefully examined the proposed agreement against the statutory requirements. It found that the agreement did meet the formal requirements and contained the necessary safety net provisions. The commission was satisfied that the agreement had been genuinely negotiated and included adequate mechanisms for dispute resolution. It was also noted that the proposed terms, while potentially less favourable to employees in some respects, were not unfairly disadvantageous and did not contravene the principles of the Act. Consequently, the commission approved the application for the agreement.

The final orders of the commission were that the DSECE Enterprises Pty Ltd T/As DSE Civil Electrical Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to commence on a specified date and would apply to the employees covered by the agreement until such time as it was terminated or replaced by a new agreement.

DSECE Enterprises Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established