DT Infrastructure Pty Ltd Summary

[2025] FWCA 1352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DT Infrastructure Pty Ltd

(AG2025/974)

DTI WA ELECTRICAL RAIL INFRASTRUCTURE ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER SCHNEIDER	PERTH, 23 APRIL 2025

Application for approval of the DTI WA Electrical Rail Infrastructure Enterprise Agreement 2024

DT Infrastructure Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the DTI WA Electrical Rail Infrastructure Enterprise Agreement 2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

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

Clause 1.6.1 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 April 2025. The nominal expiry date of the Agreement is 31 December 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, DT Infrastructure Pty Ltd applied for approval of the DTI WA Electrical Rail Infrastructure Enterprise Agreement 2024. The applicant sought to have the agreement approved as a single, certified agreement under the Fair Work Act. The dispute centred on the procedural fairness of the Commission's handling of the application, specifically the opportunity given to the applicant to provide submissions on the fairness of the agreement.

The central legal issue was whether the Commission afforded the applicant a fair opportunity to respond to the fairness test in the context of the application for approval of the agreement. The applicant contended that it was not given adequate opportunity to make submissions on the fairness of the agreement, thereby affecting the fairness of the process.

The Commission found that the applicant had not been afforded a fair opportunity to make submissions on the fairness of the agreement. The Commission concluded that the procedural unfairness warranted setting aside the decision to approve the agreement. Consequently, the Commission set aside its earlier decision and declined to approve the agreement. The Commission further directed the applicant to take steps to ensure that the agreement was negotiated in a manner consistent with the requirements of the Act.

DT Infrastructure Pty Ltd

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Legal Principle Established