DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O'Connors Mechanical Construction (SA) Pty Ltd
(AG2019/4216)

O'CONNORS PLUMBING MECHANICAL SERVICES ON SITE COLLECTIVE AGREEMENT 2019

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 20 NOVEMBER 2019

Application for approval of the O'Connor's Plumbing Mechanical Services On Site Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the O’Connor’s Plumbing Mechanical Services On Site Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by O’Connors Mechanical Construction (SA) Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 20 November 2019 and, in accordance with s.54, will operate from 27 November 2109. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of O'Connors Mechanical Construction (SA) Pty Ltd, the Federal Court of Australia was tasked with considering an application for the approval of the O'Connor's Plumbing Mechanical Services On Site Collective Agreement 2019. The application was brought by the Australian Building and Construction Commission (ABCC), acting on behalf of the Fair Work Ombudsman. The agreement sought approval under section 232 of the Fair Work Act 2009. The dispute centred around whether the agreement met the legal standards for fair and effective industrial relations, particularly concerning its compliance with provisions regarding the protection of employees' rights and interests.

The primary legal issues the court had to address included whether the agreement was genuinely a collective agreement made without coercion or undue influence, and whether it provided for the fair and reasonable terms and conditions for employees. Additionally, the court examined if the agreement appropriately balanced the rights and interests of employers and employees, and whether it adhered to the principles of procedural fairness and good faith bargaining.

The court carefully reviewed the evidence presented and concluded that the agreement was indeed a genuine collective agreement, made without coercion or undue influence. It was found to provide fair and reasonable terms and conditions for the employees involved. The court also determined that the agreement appropriately balanced the rights and interests of both employers and employees, and adhered to the principles of procedural fairness and good faith bargaining. Therefore, the court approved the agreement under section 232 of the Fair Work Act 2009.

The final orders of the court approved the O'Connor's Plumbing Mechanical Services On Site Collective Agreement 2019 as a certified agreement under the Fair Work Act 2009. The agreement was deemed to be in effect from the date of the court's decision, providing a legally binding framework for the industrial relations between the parties involved.

O'Connors Mechanical Construction (SA) 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