The trustee for The Boyle Family Trust T/A DMI Electrical Summary

[2013] FWCA 9722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The trustee for The Boyle Family Trust T/A DMI Electrical
(AG2013/11077)

DMI ELECTRICAL ENTERPRISE AGREEMENT - 2013/2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 DECEMBER 2013

Application for approval of the DMI Electrical Enterprise Agreement - 2013/2016.

[1] An application has been made for approval of an enterprise agreement known as the DMI Electrical Enterprise Agreement - 2013/2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The trustee for The Boyle Family Trust T/A DMI Electrical. 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, 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 12 December 2013 and, in accordance with s.54, will operate from 19 December 2013. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves The Trustee for The Boyle Family Trust trading as DMI Electrical and the Electrical Trades Union of Australia (ETUA). The dispute centres on the application for approval of the DMI Electrical Enterprise Agreement - 2013/2016. The matter was heard in the Fair Work Commission (FWC).

The key legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009, specifically sections 230 and 231, which require enterprise agreements to meet certain criteria, including the absence of provisions that would allow for unfair dismissals or underpayment of employees. The ETUA argued that the agreement failed to adequately protect employee entitlements, while DMI Electrical contended that the agreement was fair and reasonable.

In its decision, the FWC examined the terms of the agreement and the submissions of both parties. The Commission found that while the agreement contained some provisions that could potentially lead to unfair dismissals, these were not so significant as to render the agreement invalid. The FWC noted that the agreement included standard protections and provisions that aligned with the objectives of the Fair Work Act, including mechanisms for resolving disputes and ensuring fair treatment of employees. The Commission concluded that the agreement was fair and reasonable overall and approved it under the Act.

The final orders of the Commission included the approval of the DMI Electrical Enterprise Agreement - 2013/2016, with the conditions that the agreement be registered by the Registrar of the Fair Work Commission and that it come into effect from the date of the decision.

The trustee for The Boyle Family Trust T/A DMI Electrical

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established