DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dynamic Electrical Constructions Pty Ltd T/A Dynelec (Australia)
(AG2017/901)

DYNELEC (AUSTRALIA) ENTERPRISE AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Dynelec (Australia) Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dynamic Electrical Constructions Pty Ltd T/A Dynelec (Australia). 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. 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

The applicant, Dynamic Electrical Constructions Pty Ltd, trading as Dynelec (Australia), applied to the Fair Work Commission for the approval of the Dynelec (Australia) Enterprise Agreement. The application was brought under section 236 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement, which had been negotiated with the Electrical Trades Union of Australia. The union opposed the application, arguing that the agreement did not adequately address certain aspects of employment conditions, particularly in relation to casual employment and overtime provisions.

The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement met the criteria for "modern awards" under section 235 of the Act, ensuring it provided for minimum terms and conditions of employment that were no less favourable than the applicable modern award. The union contended that the agreement fell short in several respects, including the treatment of casual employees and the definition of overtime, suggesting these provisions did not adequately protect workers' rights.

In reaching its decision, the Commission examined the provisions of the agreement against the relevant modern awards. It considered whether the agreement provided for a fair and equitable framework that protected the rights of employees without disadvantaging employers. The Commission found that while there were areas of concern raised by the union, the overall agreement provided for terms and conditions that were no less favourable than the applicable modern awards. The Commission also noted the efforts made by both parties to reach a consensus on the contentious issues. Consequently, the Commission approved the agreement, acknowledging the balance achieved between the parties' interests.

The final orders of the Commission included the approval of the Dynelec (Australia) Enterprise Agreement, subject to certain conditions aimed at ensuring compliance with the Fair Work Act. The agreement was to be registered with the Commission and would form the basis of employment conditions between the applicant and the union's members.

Dynamic Electrical Constructions Pty Ltd T/A Dynelec (Australia)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established