Dynamic Electrical Constructions Pty Ltd

[2023] FWCA 1875

[2023] FWCA 1875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dynamic Electrical Constructions Pty Ltd

(AG2023/1760)

DYNELEC (AUSTRALIA) ENTERPRISE BARGAINING AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 JUNE 2023

Application for approval of the Dynelec (Australia) Enterprise Bargaining Agreement

1. An application has been made for approval of an enterprise agreement to be known as the Dynelec (Australia) Enterprise Bargaining Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dynamic Electrical Constructions Pty Ltd (Employer). The Agreement is a single enterprise agreement.

NERR issue

1. There was an issue raised by the Commission with the Employer regarding the Notice of Employee Representational Rights (NERR) provided to relevant employees containing a watermark, and the terms of the NERR being the previous (pre 3 April 2017) version, not the current version (see s.174(1A) of the Act). Having regard to the submissions of the Employer provided on 23 June 2023, I find that these issues constitute minor procedural and/or technical errors. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding these errors.[1] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.[2]

Undertakings

1. The Employer has provided written undertakings dated 22 June 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2023. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Annexure A

[1] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

[2] Ibid.

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