DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Leary Civil Group Pty Ltd
(AG2017/5067)

O’LEARY CIVIL GROUP ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER SAUNDERS	NEWCASTLE, 4 APRIL 2018

Application for approval of the O’Leary Civil Group Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the O’Leary Civil Group Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by O’Leary Civil Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2018. The nominal expiry date of the Agreement is 30 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

O’Leary Civil Group Pty Ltd was the subject of an application before the Fair Work Commission for the approval of an enterprise agreement. The applicant sought to have the O’Leary Civil Group Enterprise Agreement 2017 approved. The dispute involved the interpretation and application of the Fair Work Act 2009 in relation to the terms and conditions of employment within the company. The central issue before the Commission was whether the proposed agreement met the criteria for approval under the Act, particularly focusing on whether the agreement provided for a safety net of minimum wages and entitlements and whether it contained provisions that were contrary to the purpose of the Act.

The Fair Work Commission examined whether the agreement provided a safety net of minimum wages and entitlements, ensuring that employees were not disadvantaged. The Commission also considered if the agreement contained any terms that would be contrary to the purpose of the Act, which is to provide for fair work practices and conditions. In reaching its decision, the Commission evaluated the agreement's provisions against the statutory requirements and assessed whether the agreement was fair and reasonable in all its aspects. The Commission concluded that the agreement did meet the criteria for approval, providing an adequate safety net and not containing any terms contrary to the purpose of the Act.

Consequently, the Commission approved the O’Leary Civil Group Enterprise Agreement 2017. The decision recognised that the agreement provided a fair framework for the terms and conditions of employment within the company, meeting the necessary legislative standards. This approval ensures that the agreement will govern the employment relationships within the company, subject to the conditions specified in the approved agreement.

O’Leary Civil Group 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