DTS Enterprises Aust Pty Ltd T/A DTS Tiling Group Summary

[2013] FWCA 3257

FAIR WORK COMMISSION

DECISION

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

DTS Enterprises Aust Pty Ltd T/A DTS Tiling Group
(AG2013/1207)

FTAA ENTERPRISE AGREEMENT 2011-2015 BETWEEN DTS ENTERPRISES AUST PTY LTD TRADING AS DTS TILING GROUP AND THE CFMEU

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 24 MAY 2013

Application for approval of the FTAA Enterprise Agreement 2011-2015 between DTS Enterprises Aust Pty Ltd trading as DTS Tiling Group and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the FTAA Enterprise Agreement 2011-2015 between DTS Enterprises Aust Pty Ltd trading as DTS Tiling Group and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DTS Enterprises Aust Pty Ltd T/A DTS Tiling Group. The agreement is a single-enterprise agreement.

[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 Construction, Forestry, Mining and Energy Union, 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), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 31 May 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by DTS Enterprises Aust Pty Ltd, trading as DTS Tiling Group, for the approval of the FTAA Enterprise Agreement 2011-2015 with the Construction, Forestry, Mining and Energy Union (CFMEU). The central dispute centred around the terms of the proposed agreement, which sought to regulate the working conditions, wages, and other employment-related matters between the company and its employees. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement was a "better off overall test" (BOOT) agreement. This test requires that the overall financial and non-financial conditions of the agreement be no worse than the applicable award or safety net award, while also providing for at least one additional benefit to the employees. The Commission had to assess whether the proposed agreement satisfied this requirement, particularly in light of the submissions and evidence provided by both DTS Enterprises and the CFMEU. Additionally, the Commission needed to consider whether the agreement complied with the procedural requirements and the broader public interest.

In delivering its decision, the Commission found that the proposed agreement was a BOOT agreement. It noted that while the financial terms of the agreement were slightly below those of the applicable award, the non-financial terms provided significant additional benefits to the employees, including provisions for flexible working arrangements, enhanced leave entitlements, and improved dispute resolution mechanisms. The Commission concluded that these non-financial benefits sufficiently offset the minor financial drawbacks, thereby meeting the BOOT criteria. Furthermore, the Commission found that the agreement was procedurally sound and in the broader public interest. Consequently, the Commission approved the Enterprise Agreement 2011-2015 between DTS Enterprises Aust Pty Ltd and the CFMEU.

The final order of the Commission was that the proposed Enterprise Agreement 2011-2015 be approved, effective from the date of the decision. This approval allows the agreement to operate as a registered agreement under the Fair Work Act, providing a legally binding framework for the employment relationship between DTS Enterprises and its employees for the specified period.

DTS Enterprises Aust Pty Ltd T/A DTS Tiling Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established