DECISION

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

Ineson OSV Pty Ltd (ACN 167 271 963) in its capacity as trustee of the Ineson Outback Sleepers Manufacturing Trust and Others
(AG2017/1533)

OUTBACK SLEEPERS MANUFACTURING ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER SAUNDERS	NEWCASTLE, 23 MAY 2017

Application for approval of Outback Sleepers Manufacturing Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Outback Sleepers Manufacturing Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2017. The nominal expiry date of the Agreement is 29 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ineson Osv Pty Ltd, as trustee of the Ineson Outback Sleepers Manufacturing Trust, applied to the Fair Work Commission for approval of the Outback Sleepers Manufacturing Enterprise Agreement 2017. The applicants sought to have the agreement certified as a simple, modern, flexible, and fair enterprise agreement. The application was opposed by several unions representing employees within the relevant bargaining area. The unions argued that the proposed agreement did not adequately address issues such as penalty rates, shift differentials, and other conditions of employment.

The central legal issues before the Commission involved whether the proposed agreement met the criteria for certification under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated, whether it provided for a fair and efficient system of determining wages and other conditions of employment, and if it contained terms and conditions that were consistent with the objects of the Act. Additionally, the Commission had to consider the impact of the agreement on the employees it covered.

The Commission found that the proposed agreement had been genuinely negotiated between the employer and the unions. It determined that the agreement provided for a fair and efficient system of determining wages and other conditions, and that the terms and conditions were consistent with the objects of the Act. The Commission also found that the agreement did not unacceptably detract from the rights, protections, or entitlements of the employees it covered. Therefore, the Commission approved the application and certified the agreement as a simple, modern, flexible, and fair enterprise agreement.

The Fair Work Commission approved the application for the certification of the Outback Sleepers Manufacturing Enterprise Agreement 2017 as a simple, modern, flexible, and fair enterprise agreement. The agreement was to be registered with the Fair Work Commission, and the terms and conditions would apply to the employees covered by the agreement. The unions' objections were dismissed, and the agreement was certified as meeting the requirements of the Fair Work Act 2009.

Ineson Osv Pty Ltd (ACN 167 271 963) in its capacity as trustee of the Ineson Outback Sleepers Manufacturing Trust and Others

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established