O'Donnell Griffin Pty Ltd

[2013] FWCA 1273

FAIR WORK COMMISSION

DECISION

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

O'Donnell Griffin Pty Ltd
(AG2013/229)

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

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 27 FEBRUARY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the O'DONNELL GRIFFIN Pty Ltd (ACT Installations) 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.

Extension of time

[2] The application was lodged at Sydney on 4 February 2013. Section 185(3)(a) of the Actprovides that an application for approval must be made within 14 days after the Agreement is made. I note that the application was lodged out of time. Section 185(3)(b) of the Actconfers a discretion on the Commission to extend time. In light of the reasons provided by the Applicant, I have decided to exercise the discretion provided by subsection 185(3)(b) of the Act and extend time accordingly.

[3] The Agreement covers the O’Donnell ACT Installations employees who are based in the ACT region and who are engaged to perform work in accordance with the classifications provided for 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.

[4] 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.

[5] 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. As required by s.201(2) I note that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 6 March 2013. The nominal expiry date of the Agreement is 5 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved O'Donnell Griffin Pty Ltd, a respondent, and the applicant, the Electrical Trades Union of Australia. The dispute pertained to the approval of the O'Donnell Griffin Pty Ltd (ACT Installations) Enterprise Agreement 2012-2015. The applicants sought approval of the enterprise agreement, while the respondents raised concerns about specific clauses within the agreement.

The primary legal issue for the Commission was to determine whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement contained terms that were procedurally and substantively fair, and whether it was in the best interests of the employees covered by the agreement. Additionally, the Commission needed to consider the respondents' objections to certain clauses, including those related to pay rates, leave entitlements, and the definition of casual employment.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the enterprise agreement was procedurally and substantively fair. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission also found that the respondents' objections to certain clauses were not substantiated, and that the agreement did not unfairly disadvantage any party. Consequently, the Commission approved the enterprise agreement, subject to certain modifications to address the respondents' concerns about the definition of casual employment.

The Fair Work Commission's final order was to approve the O'Donnell Griffin Pty Ltd (ACT Installations) Enterprise Agreement 2012-2015, with modifications to the definition of casual employment as outlined in the decision. The Commission found that the modified agreement met the requirements for approval under the Fair Work Act 2009, and that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established