DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4720)

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 ROE	MELBOURNE, 4 AUGUST 2016

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 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, 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. 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 Construction, Forestry, 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 was approved on 4 August 2016 and, in accordance with s.54, will operate from 11 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were OPT Holdings Trust trading as Oak Park Tullamarine (the employer) and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) (the union). The dispute centred on the approval of the Enterprise Agreement between the parties for the period 2016-2018. The case was heard in the Fair Work Commission of Australia.

The primary legal issue before the court was whether the Enterprise Agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the provisions of section 233 of the Act, which mandates that an enterprise agreement must ensure employees are not worse off financially. The union argued that certain provisions of the agreement disadvantaged employees, while the employer contended that the agreement was fair and complied with all legislative requirements.

The Fair Work Commission found that the Enterprise Agreement was not unfair or detrimental to the employees. The Commission noted that the agreement contained various protections and benefits for employees, including provisions for wage increases, improved working conditions, and dispute resolution mechanisms. The Commission also found that the agreement did not result in employees being worse off financially overall, despite some provisions that might initially appear disadvantageous. Consequently, the Commission approved the Enterprise Agreement, confirming its compliance with the statutory requirements.

The Fair Work Commission granted the application for approval of the Enterprise Agreement, affirming its validity and enforceability under the Fair Work Act 2009. The Commission's decision underscored the importance of ensuring that enterprise agreements meet the legislative standards for fairness and protection of employee interests.

Construction, Forestry, 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