Meski Oasis Enterprises Pty Ltd

[2014] FWCA 389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Meski Oasis Enterprises Pty Ltd
(AG2013/10291)

MESKI OASIS ENTERPRISES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 JANUARY 2014

Application for approval of the Meski Oasis Enterprises Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Meski Oasis Enterprises Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Meski Oasis Enterprises Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 15 January 2014 and, in accordance with s.54, will operate from 22 January 2014. The nominal expiry date of the Agreement is 15 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Meski Oasis Enterprises Pty Ltd, the Fair Work Commission was presented with an application for the approval of a new enterprise agreement. The parties involved were Meski Oasis Enterprises Pty Ltd, represented by its employers, and the Australian Workers' Union (AWU), which represented the employees. The dispute centred around whether the proposed agreement, titled the Roy Hill AWU Greenfields Agreement 2013, met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue for the Commission to resolve was whether the agreement complied with the procedural and substantive provisions of the Act. Procedurally, the Commission had to consider whether the agreement was made in good faith and whether it was covered by the relevant bargaining obligations. Substantively, the Commission needed to determine whether the agreement contained terms that were adverse to the employees, and if so, whether the agreement met the "better off overall test" (BOOT). This test required the Commission to assess whether the overall financial and non-financial benefits to the employees outweighed any detriments.

The Fair Work Commission assessed the application by examining the evidence provided by both parties. The Commission found that the agreement was made in good faith and complied with the procedural requirements of the Act. The Commission further concluded that the agreement contained terms that were adverse to some employees, but these were outweighed by the overall benefits. The Commission applied the BOOT test and determined that the agreement would result in a net benefit to the employees. Consequently, the Commission approved the Roy Hill AWU Greenfields Agreement 2013. The decision was based on the comprehensive evidence provided and the detailed analysis of both the procedural and substantive aspects of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established