More Than OK Building Pty Ltd

[2014] FWCA 847

FAIR WORK COMMISSION

DECISION

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

More Than OK Building Pty Ltd
(AG2013/10471)

MORE THAN OK BUILDING PTY. LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 4 FEBRUARY 2014

Application for approval of the More Than OK Building Pty. Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known asthe More Than OK Building Pty. Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by More Than OK Building Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 4 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

More Than OK Building Pty Ltd was a party to an enterprise agreement that was set to expire. The application for approval of the More Than OK Building Pty Ltd Enterprise Agreement 2014 - 2018 was before the Fair Work Commission, which was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The agreement was to cover employees who were engaged under the Building and Construction Industry (General) Award 2010. The dispute centred on the terms and conditions of employment set out in the proposed agreement, including aspects such as wages, hours of work, and other employment-related matters.

The legal issues before the Commission involved whether the agreement contained the necessary "independent" and "public interest" provisions as required by the Fair Work Act. Specifically, the Commission had to ascertain if the agreement had been made in good faith and if it contained appropriate mechanisms for the resolution of disputes. The parties also contested the procedural fairness of the bargaining process, questioning if all necessary steps had been followed to ensure genuine negotiation and consensus.

The Commission examined the evidence provided by both parties, including the process of negotiation and the content of the agreement itself. It found that the agreement had been made in good faith and contained sufficient independent and public interest provisions. The Commission also determined that the procedural fairness requirements had been met, and the agreement was therefore approved. The decision was based on the comprehensive evidence presented, which demonstrated compliance with the statutory requirements for enterprise agreements.

The Fair Work Commission approved the More Than OK Building Pty Ltd Enterprise Agreement 2014 - 2018, confirming that it met the criteria for independent and public interest provisions and was made in good faith. The Commission found that the procedural fairness of the bargaining process was adequately observed, and the agreement was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established