DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1958)

ORACLE STRUCTURES PTY LTD/CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 JUNE 2019

Application for approval of the ORACLE STRUCTURES PTY LTD/CFMEU South Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ORACLE STRUCTURES PTY LTD/CFMEU South Australia Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

• Clause 6.7 – Termination of Employment - General

However, noting clause 2 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for approval of the ORACLE STRUCTURES PTY LTD/CFMEU South Australia Enterprise Agreement 2019. The applicant union argued that the agreement should be registered because it contained the minimum terms and conditions of employment required by the Fair Work Act 2009 and did not have an adverse effect on employees. Oracle Structures Pty Ltd opposed the application, contending that the agreement contained terms that were not necessary for the protection of employees and would have an adverse effect on them.

The Commission examined the terms of the agreement, focusing on whether they were necessary for the protection of employees and if they would have an adverse effect on them. It considered the submissions of both parties and relevant legislation, including the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission found that the agreement contained terms that were necessary for the protection of employees and did not have an adverse effect on them. It approved the application and registered the enterprise agreement.

The Fair Work Commission approved the application and registered the ORACLE STRUCTURES PTY LTD/CFMEU South Australia Enterprise Agreement 2019. The decision is a reminder that enterprise agreements must contain the minimum terms and conditions of employment required by the Fair Work Act 2009 and not have an adverse effect on employees. The Commission will carefully consider the terms of any enterprise agreement and the submissions of both parties before making a decision.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established