DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Assess Orr Pty Ltd
(AG2016/2050)

ASSESS ORR PTY LTD QUEENSLAND CSG AND ASSOCIATED INFRASTRUCTURE WORKS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 12 FEBRUARY 2016

Application for approval of the Assess Orr Pty Ltd Queensland CSG and Associated Infrastructure Works Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Assess Orr Pty Ltd Queensland CSG and Associated Infrastructure Works Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Assess Orr Pty Ltd. The Agreement is a single enterprise agreement.

[1] 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.

[2] The Agreement was approved on and, in accordance with s.54, will operate from 19 February 2016. The nominal expiry date of the Agreement is 8 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Assess Orr Pty Ltd sought approval of the Assess Orr Pty Ltd Queensland CSG and Associated Infrastructure Works Enterprise Agreement 2016. The applicant was an engineering and construction contractor in the coal seam gas industry. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the rights and protections afforded to employees under the legislation.

The primary legal issue before the Commission was whether the proposed agreement met the "better off overall test" (BOOT) as stipulated in section 233 of the Act. This test required that employees be no worse off financially and have at least the same rights as those provided by the relevant award or applicable industrial instrument. Additionally, the Commission needed to determine whether the agreement contained provisions that complied with the good faith bargaining requirements and whether it met the procedural fairness requirements set out in the Act.

In its decision, the Commission considered the submissions from both parties and the evidence presented. It found that the proposed agreement did not meet the BOOT as it contained provisions that would result in employees being worse off in terms of overtime rates and shift penalties. The Commission also found that the agreement did not comply with the good faith bargaining requirements and that certain procedural fairness requirements were not met. Consequently, the Commission refused to approve the proposed agreement.

The Commission's refusal to approve the agreement was based on the findings that the proposed changes would disadvantage employees, and the bargaining process did not adhere to the requirements of the Act. The decision highlighted the importance of ensuring that any proposed changes to enterprise agreements are carefully considered to ensure compliance with the statutory requirements and the protection of employee rights.

Assess Orr 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