DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wyncorp Pty Ltd ATF The Hogan Family Trust T/A DRM Audio Visual
(AG2016/2346)

DRM AUDIO VISUAL ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2016

Application for approval of the DRM Audio Visual Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the DRM Audio Visual Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wyncorp Pty Ltd ATF The Hogan Family T/A DRM Audio Visual. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The Agreement was approved on 21 March 2016 and, in accordance with s.54, will operate from 28 March 2016. The nominal expiry date of the Agreement is 21 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Wyncorp Pty Ltd, trading as DRM Audio Visual, and its employees. The company sought approval for the DRM Audio Visual Enterprise Agreement 2015-2019, which had been negotiated and signed. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the procedural and substantive requirements set out in the legislation.

The central legal issues were whether the agreement was genuinely bargained, whether it provided for a safety net of minimum entitlements, and whether it included appropriate dispute resolution mechanisms. Additionally, the Commission needed to ensure that the agreement did not unfairly discriminate against any employee or group of employees. The negotiation process and the contents of the agreement were scrutinised to ascertain compliance with these requirements.

The Fair Work Commission concluded that the agreement was genuinely negotiated and met the necessary safety net provisions. It found that the dispute resolution processes outlined in the agreement were appropriate and that there was no unfair discrimination. The Commission was satisfied that all procedural requirements were met, and the agreement was approved as it complied with the statutory framework. The decision was based on the evidence provided, including the testimonies of the parties and the negotiation process.

The final orders included the approval of the DRM Audio Visual Enterprise Agreement 2015-2019, effective from the date of the Commission's decision. The agreement was to govern the employment conditions of the relevant employees for the specified period, subject to the terms and conditions outlined within the document. The Commission's approval formalised the agreement, ensuring that it was legally binding and enforceable.

Wyncorp Pty Ltd ATF The Hogan Family Trust T/A DRM Audio Visual

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established