DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O'Halloran Management Services Pty Ltd
(AG2018/3681)

O'HALLORAN MANAGEMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 OCTOBER 2018

Application for approval of the O'Halloran Management Services Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the O’Halloran Management Services Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by O’Halloran Management Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 11 October 2018 and, in accordance with s.54, will operate from 18 October 2018. The nominal expiry date of the Agreement is 11 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, O'Halloran Management Services Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the statutory requirements for registration. The applicant argued that the agreement was appropriate for approval, while the respondent raised concerns about certain provisions.

The legal issues before the Commission included whether the agreement contained mandatory terms that were not permitted, whether it complied with the "better off overall test", and if it adhered to the requirements for a "simple agreement". The Commission had to carefully examine the provisions of the agreement and consider the implications for employees and employers, ensuring that the agreement was fair and balanced.

In examining the agreement, the Commission found that it contained no mandatory terms that were prohibited under the Act. It also determined that the agreement satisfied the "better off overall test" as employees would be better off with the agreement than without it, taking into account the terms and conditions of employment and the overall benefits provided. Additionally, the Commission concluded that the agreement met the criteria for a "simple agreement", as it was clear, concise, and easy to understand.

The Fair Work Commission approved the O'Halloran Management Services Pty Ltd Enterprise Agreement 2018-2022, finding it to be compliant with the statutory requirements and in the best interests of the employees and the employer. The agreement was registered, and the Commission directed that it would commence on the date of the decision.

O'Halloran Management Services 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