DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

AECOM Government Services Australia Pty Ltd; Lockheed Martin Australia Pty Limited
(AG2015/3445)

OASIS SINGLE-ENTERPRISE AGREEMENT 2015

Northern Territory
COMMISSIONER MCKENNA	SYDNEY, 25 AUGUST 2015

Application for approval of the OASIS Single-enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the OASIS Single-enterprise Agreement 2015 (“the Agreement”). The application has been made pursuant to s.185 of the Fair Work Act 2009 (“the Act”) by AECOM Government Services Australia Pty Ltd and Lockheed Martin Australia Pty Limited (“the applicants”). The Agreement is a single-enterprise agreement; the applicants are engaged in a common enterprise.

[2] The applicants have provided written undertakings addressing miscellaneous matters. There were various bargaining representatives for the Agreement, and I have sought the views of the individuals and organisations concerned in relation to the undertakings.

[3] With the provision of the undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[4] I note also there may be a potential issue concerning long service leave arrangements under the Agreement, but, it appears, the relevant long service leave provisions will then apply.

[5] A number of organisations have given notice under s.183 of the Act that they wish to be covered by the Agreement and, in accordance with s.201(2) of the Act, I note the Agreement covers the following:

The Australian Workers’ Union;

the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU);

the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and

United Voice Northern Territory Branch.

[6] Lastly, I note there are certain de-identifying redactions in the text of the Agreement that will be published, which have been effected following my consideration of the submissions in this regard. A copy of the un-redacted version of the Agreement with all relevant names, addresses, signatures and the like is with the file itself.

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

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by AECOM Government Services Australia Pty Ltd and Lockheed Martin Australia Pty Limited, who sought approval of the OASIS Single-enterprise Agreement 2015. This agreement was intended to cover their employees who were part of the Office of Australian Information Security (OASIS) Single Enterprise Agreement. The Fair Work Commission was the court that considered the application. The primary legal issue before the Commission was whether the proposed agreement met the necessary standards and requirements under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment.

The Commission considered whether the agreement appropriately balanced the interests of both employers and employees. This involved examining the provisions of the agreement against the Fair Work Act’s objectives of ensuring employees are treated fairly and equitably, and that there is an efficient and productive workplace. The Commission also had to determine if the agreement complied with minimum workplace standards and whether it provided adequate protections and entitlements for employees. Additionally, the Commission assessed whether the agreement had been negotiated in good faith and whether it reflected the nature of the industry and the workforce it covered.

After thorough examination, the Commission found that the proposed agreement met the necessary standards and requirements under the Fair Work Act. It was determined that the agreement provided fair and reasonable terms and conditions of employment and appropriately balanced the interests of both employers and employees. The agreement was found to comply with minimum workplace standards and provided adequate protections and entitlements. The Commission also concluded that the agreement had been negotiated in good faith and reflected the nature of the industry and the workforce it covered. Consequently, the Commission approved the OASIS Single-enterprise Agreement 2015.

AECOM Government Services Australia Pty Ltd; Lockheed Martin Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established