DT Infrastructure Pty Ltd

[2025] FWCA 734

[2025] FWCA 734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

DT Infrastructure Pty Ltd

(AG2025/270)

DTI SA RAIL ELECTRICAL ENTERPRISE AGREEMENT 2024

Electrical contracting industry
COMMISSIONER FOX	MELBOURNE, 25 FEBRUARY 2025

Application for approval of the DTI SA Rail Electrical Enterprise Agreement 2024.

1. An application has been made for approval of an enterprise agreement known as the DTI SA Rail Electrical Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by DT Infrastructure Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. Given the small number of employees asked to vote on this Agreement, I did raise some preliminary concerns with the Employer as to whether these employees have sufficient interest in the terms of the Agreement, and whether these employees were sufficiently representative of the employees the Agreement is expressed to cover. In considering the submissions of the Employer and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, I am satisfied that s.188(2)(a) and (b) of the Act have been met.

1. Further, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Compassionate Leave: Clause 6.2.5 of the Agreement provides for compassionate leave; however, it is silent is relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This is inconsistent with s.104(1)(b) of the Act.

• Substitution of Public Holiday: Clause 6.6 of the Agreement provides that it will be available for the employer and a majority of the affected employees to substitute the nominated public holiday for another day. This is inconsistent with s.115(3) of the Act, which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an individual employee, rather than a majority of employees.

1. However, noting clause 1.6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement supports the approval of the Agreement and 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.

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 4 March 2025. The nominal expiry date of the Agreement is 1 December 2027.

COMMISSIONER

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