O Group Limited

[2013] FWCA 3224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O Group Limited
(AG2013/6422)

O GROUP LIMITED COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 22 MAY 2013

Application for approval of the O Group Limited Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the O Group Limited Collective Agreement 2013 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 29 May 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of O Group Limited, the Fair Work Commission was tasked with considering an application for the approval of the O Group Limited Collective Agreement 2013. The dispute arose between the applicant, O Group Limited, and the Australian Services Union, which sought approval of the collective agreement for a period of three years. The agreement contained various terms and conditions of employment for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine if the agreement complied with the good faith bargaining provisions and if it contained the mandated minimum terms and conditions.

The Fair Work Commission found that the agreement met the requirements for approval under the Fair Work Act 2009 and complied with the provisions of the Fair Work (Registered Organisations) Act 2009. The Commission concluded that the agreement was the product of good faith bargaining and contained the mandated minimum terms and conditions. Consequently, the application for approval of the O Group Limited Collective Agreement 2013 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established