DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E.D. Oates Pty Ltd
(AG2018/664)

E D OATES PTY LTD EMPLOYEE ENTERPRISE AGREEMENT

Storage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JUNE 2018

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 agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 14 June 2018 and, in accordance with s.54, will operate from 21 June 2018. The nominal expiry date of the Agreement is 21 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of E.D. Oates Pty Ltd, the applicant sought approval of an employee enterprise agreement. The dispute was between E.D. Oates Pty Ltd, the employer, and the union representing the employees. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed employee enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" (BOOT) which requires that employees be no worse off financially under the agreement compared to their previous conditions. Additionally, the Commission had to consider whether the agreement adhered to other statutory requirements, such as provisions for minimum working conditions and dispute resolution mechanisms.

The Commission meticulously examined the proposed agreement, taking into account various factors including wage rates, penalty rates, leave entitlements, and other employment conditions. The analysis included a comparison with the relevant awards and a detailed assessment of the financial impacts on employees. Ultimately, the Commission found that the agreement met the BOOT and all other statutory requirements, thereby approving the application for the employee enterprise agreement.

The Fair Work Commission granted approval for the E.D. Oates Pty Ltd Employee Enterprise Agreement, confirming its compliance with the Fair Work Act 2009 and other relevant workplace regulations.

E.D. Oates 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