EDS Solutions (WA) Pty Ltd Summary

[2013] FWCA 8815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EDS Solutions (WA) Pty Ltd
(AG2013/8749)

EDS SOLUTIONS ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 NOVEMBER 2013

Application for approval of the EDS Solutions Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the EDS Solutions Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] An undertaking was provided by EDS Solutions (WA) Pty Ltd on 23 October 2013. A copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

EDS Solutions (WA) Pty Ltd applied to the Fair Work Commission for the approval of the EDS Solutions Enterprise Agreement 2013-2017. The applicant, a software services provider, sought to have the agreement approved as a low-paid modern award. The respondents, which included the Communication, Electrical, Electronic, Metal, Engineering, Printing and Kindred Industries Union (CEPU), opposed the application, arguing that the proposed agreement did not meet the criteria for low-paid modern award status.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval as a low-paid modern award. The Commission considered whether the agreement provided for a minimum rate of pay that was at least equal to the relevant minimum rate in the Software Services Award 2010. The Commission also examined whether the agreement was consistent with the purpose of the low-paid modern award provisions and whether it provided for adequate minimum entitlements.

The Commission found that the proposed agreement met the requirements for approval as a low-paid modern award. The Commission noted that the agreement provided for a minimum rate of pay that was at least equal to the relevant minimum rate in the Software Services Award 2010. The Commission also found that the agreement was consistent with the purpose of the low-paid modern award provisions and provided for adequate minimum entitlements. The Commission rejected the respondents' argument that the proposed agreement did not meet the low-paid modern award criteria, finding that the agreement provided for a minimum rate of pay that was at least equal to the relevant minimum rate in the Software Services Award 2010.

The Commission approved the EDS Solutions Enterprise Agreement 2013-2017 as a low-paid modern award. The Commission found that the proposed agreement met the requirements for approval as a low-paid modern award and provided for adequate minimum entitlements. The Commission rejected the respondents' argument that the proposed agreement did not meet the low-paid modern award criteria.

EDS Solutions (WA) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established