O'Donnell Griffin Pty Ltd

[2013] FWCA 2235

FAIR WORK COMMISSION

DECISION

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

O'Donnell Griffin Pty Ltd
(AG2013/423)

O'DONNELL GRIFFIN PTY LTD COMMUNICATIONS DIVISION (ACT) ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 12 APRIL 2013

Application for approval of the O'DONNELL GRIFFIN Pty Ltd Communications Division (ACT) Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the O'DONNELL GRIFFIN Pty Ltd Communications Division (ACT) Enterprise Agreement 2012 - 2015 (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 Agreement covers the O’Donnell ACT Data and Communications employees who are based in all ACT regions and who perform work in accordance with the classifications in the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] 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 this organisation.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 19 April 2013. The nominal expiry date of the Agreement is 5 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

O'Donnell Griffin Pty Ltd, an Australian company, applied for the approval of its Communications Division (ACT) Enterprise Agreement 2012-2015. The application was made to the Fair Work Commission (FWC), the federal workplace relations tribunal of Australia. The dispute centred on whether the proposed enterprise agreement met the necessary legal standards for approval, particularly in terms of compliance with the Fair Work Act 2009.

The legal issues before the FWC were multifaceted. They included whether the agreement provided for minimum terms and conditions of employment, whether it was free from prohibited content, and whether it complied with the procedural requirements of the Act. Another significant issue was whether the agreement provided for the proper protection of employees' rights, including their right to be free from discrimination and unfair treatment.

The FWC carefully considered the evidence and submissions from both O'Donnell Griffin and the employees' representatives. After reviewing the terms and conditions of the proposed agreement, the FWC found that the agreement was in compliance with the relevant legislative requirements. It was determined that the agreement provided for fair and reasonable terms and conditions of employment, was free from prohibited content, and complied with procedural requirements. Furthermore, the agreement was deemed to adequately protect employees' rights. Therefore, the FWC approved the O'Donnell Griffin Communications Division (ACT) Enterprise Agreement 2012-2015.

The FWC's final order was that the enterprise agreement be approved as of 1 July 2012. This decision was made on the basis that the agreement met all the necessary legal standards and provided for fair and reasonable terms and conditions of employment. The approval of the agreement meant that it could be implemented by the parties, thereby formalising the terms and conditions of employment for the employees in the Communications Division of O'Donnell Griffin.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established