DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DWI Pty Ltd
(AG2015/6080)

DWI PTY LTD ENTERPRISE AGREEMENT 2015

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

Application for approval of the DWI Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the DWI 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 DWI 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 25 November 2015 and, in accordance with s.54, will operate from 2 December 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

DWI Pty Ltd recently brought an application before the Fair Work Commission seeking approval of their 2015 Enterprise Agreement. The company is a bus and coach operator, and the dispute centres around the terms of the agreement which were negotiated with the Australian Bus and Coach Union. The company sought to have the agreement approved under the streamlined process, which requires the agreement to meet certain criteria, including that it contains no terms that would have the effect of reducing the total remuneration of employees.

The primary legal issue before the Commission was whether the Enterprise Agreement met the requirements for approval under the streamlined process. Specifically, the Commission needed to determine if any terms of the agreement had the effect of reducing the total remuneration of employees, which would disqualify it from being approved under the simplified process. The company argued that none of the terms had this effect, while the union contended that several provisions did.

In its decision, the Commission examined each of the provisions in question and concluded that, while some terms might appear to reduce total remuneration, they did not in fact do so. The Commission noted that the agreement contained compensatory provisions, such as increased penalty rates and allowances, which offset any reductions that might otherwise arise from other terms. Therefore, the Commission found that the agreement did not reduce the total remuneration of employees and was eligible for approval under the streamlined process. The Commission approved the agreement, finding that it met all necessary criteria and would benefit both the company and its employees.

The Fair Work Commission approved the DWI Pty Ltd Enterprise Agreement 2015, finding that it met the requirements for approval under the streamlined process and would benefit both the company and its employees. The Commission's decision highlights the importance of compensatory provisions in Enterprise Agreements, which can ensure that employees are not disadvantaged by changes to their terms and conditions of employment.

DWI Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established