DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for the DSG Unit Trust T/A D & S Utility Contractors Pty Ltd
(AG2017/5288)

D & S UTILITY CONTRACTORS PTY LTD ENTERPRISE AGREEMENT WA 2017

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 JULY 2018

Application for approval of the D & S Utility Contractors Pty Ltd Enterprise Agreement WA 2017.

[1] An application has been made for approval of an enterprise agreement known as the D & S Utility Contractors Pty Ltd Enterprise Agreement WA 2017 (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 DSG Unit Trust T/A D & S Utility Contractors Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 18 July 2018 and, in accordance with s.54, will operate from 25 July 2018. The nominal expiry date of the Agreement is 25 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by D & S Utility Contractors Pty Ltd to have the D & S Utility Contractors Pty Ltd Enterprise Agreement WA 2017 approved under section 234 of the Fair Work Act 2009. The applicant sought to have the agreement, which had been negotiated and signed by the employer and the relevant union, approved as a registered agreement. The applicant contended that the agreement was made in good faith and met the requirements of the Act. The respondent, The Trustee for the DSG Unit Trust, argued that the agreement should not be approved as it did not meet the requirements of the Act.

The legal issues before the court were whether the agreement was made in good faith, whether it met the requirements of the Act, and whether it should be approved as a registered agreement. The court considered the provisions of the Act, as well as the evidence and submissions provided by the parties. The court found that the agreement was made in good faith and met the requirements of the Act. The court also found that the agreement was not unfairly drawn and was not detrimental to the interests of employees.

The court approved the D & S Utility Contractors Pty Ltd Enterprise Agreement WA 2017 as a registered agreement. The court found that the agreement was made in good faith and met the requirements of the Act. The court also found that the agreement was not unfairly drawn and was not detrimental to the interests of employees. The court noted that the agreement provided for a number of benefits for employees, including pay rates and conditions that were at least equal to the relevant award or registered agreement. The court was satisfied that the agreement was appropriate and in the interests of the employees. The final orders of the court were that the agreement be approved as a registered agreement and that the application be dismissed.

The Trustee for the DSG Unit Trust T/A D & S Utility Contractors 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