DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6151)

OPT HOLDINGS TRUST T/AS OAK PARK TULLAMARINE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 NOVEMBER 2018

Application for approval of the OPT HOLDINGS TRUST T/As OAK PARK TULLAMARINE and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the OPT HOLDINGS TRUST T/As OAK PARK TULLAMARINE and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2018. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of Oak Park Tullamarine, sought approval of an enterprise agreement with OPT Holdings Trust T/As Oak Park Tullamarine under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, presided over by Commissioner Cox. The primary legal issues before the court were whether the agreement was genuinely negotiated and whether it met the "better off overall test," ensuring that employees were no worse off than under their previous conditions.

The court considered the evidence presented on the negotiation process, including testimonies from both parties. It was determined that the agreement had been genuinely negotiated, with the union and employer engaging in a meaningful process. The court also assessed the "better off overall test" by examining various aspects of the agreement, including wages, conditions, and overall employee benefits. The analysis concluded that the agreement provided improvements in some areas, such as wages and conditions, while maintaining or improving overall employee benefits.

After thorough consideration, the Fair Work Commission approved the enterprise agreement. The court found that the agreement met the necessary criteria under the Fair Work Act, including genuine negotiation and compliance with the "better off overall test." The decision was made in favour of the union and the employer, allowing the agreement to proceed as a legally binding contract between the parties.

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