DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Duratec Australia (ES) Pty Ltd T/A Duratec Australia (ES)
(AG2015/298)

DURATEC AUSTRALIA (ES) PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MARCH 2015

Application for approval of the Duratec Australia (ES) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Duratec Australia (ES) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Duratec Australia (ES) Pty Ltd. The agreement is a single enterprise agreement.

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

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

[4] The Agreement was approved on 25 March 2015 and, in accordance with s.54, will operate from 1 April 2015. The nominal expiry date of the Agreement is 24 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Duratec Australia (ES) Pty Ltd T/A Duratec Australia (ES) applied to the Fair Work Commission for approval of the Duratec Australia (ES) Pty Ltd Enterprise Agreement 2015. The application was contested by the Electrical Trades Union of Australia, the Electrical, Electronic, Telecommunications, Plumbing and Mechanical Manufacturing Industry Union of Australia, and the National Electrical and Communications Association (Australia). The dispute involved the terms and conditions of employment for workers in the electrical industry, focusing on the proposed changes introduced by the enterprise agreement.

The central legal issues before the court were whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms of employment. This involved assessing whether the agreement met the criteria for "bargaining representative agreement" and whether it contained any unfair terms as defined by the Fair Work Act. The court also needed to consider if the agreement was made in good faith and whether it complied with the "better off overall test".

The Fair Work Commission found that the Duratec Australia (ES) Pty Ltd Enterprise Agreement 2015 met the statutory requirements and was in the interests of fairness and reasonableness. The agreement was considered to be a genuine enterprise agreement made in good faith, meeting the "better off overall test". The court held that the agreement was fair and reasonable and thus approved it. The decision was based on the evidence presented regarding the nature of the enterprise, the bargaining process, and the terms of the agreement.

The Fair Work Commission approved the Duratec Australia (ES) Pty Ltd Enterprise Agreement 2015, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would be legally binding on the parties involved, providing a framework for the employment relationship within the enterprise.

Duratec Australia (ES) Pty Ltd T/A Duratec Australia (ES)

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established