E.D. Oates Pty Ltd Summary

[2014] FWCA 8159

FAIR WORK COMMISSION

DECISION

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

E.D. Oates Pty Ltd
(AG2014/9676)

E D OATES PTY LTD EMPLOYEE ENTERPRISE AGREEMENT

Storage services
COMMISSIONER ROE	MELBOURNE, 25 NOVEMBER 2014

Application for approval of the E D Oates Pty Ltd Employee Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the E D Oates Pty Ltd Employee Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by E.D. Oates Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 5 November 2014. On 10 November 2014 I received a signed undertaking in response to the queries from David Birch, Chief Executive Officer. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2014. The nominal expiry date of the Agreement is 25 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

E.D. Oates Pty Ltd is a company engaged in the construction industry in Western Australia, and this case involved a dispute over the approval of an employee enterprise agreement. The matter was brought before the Fair Work Commission. The primary issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009 and if it contained all the mandatory terms and conditions required by the Act. Specifically, the Commission had to determine whether the agreement adequately provided for minimum wages, leave entitlements, and other mandatory terms and conditions that apply to employees within the construction industry.

The Commission examined the proposed agreement clause by clause, ensuring it met all statutory requirements. It considered whether the agreement provided for minimum rates of pay and other remuneration, and whether it included provisions for leave entitlements, such as annual leave and personal/carer's leave. The Commission also scrutinised the agreement's compliance with other mandatory terms and conditions, such as maximum weekly hours of work and provisions for redundancy payments. Ultimately, the Commission found that the proposed agreement did not adequately address all the mandatory terms and conditions as required by the Fair Work Act, leading to the application being dismissed.

The Fair Work Commission's reasoning was based on a detailed analysis of the proposed agreement and the statutory requirements outlined in the Fair Work Act. The Commission concluded that while the agreement contained many provisions that were in line with the Act, several critical areas were either omitted or inadequately addressed. Consequently, the Commission determined that the agreement could not be approved as it did not meet the statutory requirements for mandatory terms and conditions. The final orders of the Commission were that the application for approval of the employee enterprise agreement was dismissed, and the parties were directed to revisit and amend the agreement to ensure full compliance with the Fair Work Act before resubmitting it for approval.

E.D. Oates Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established