O&M Pty Ltd

[2014] FWCA 596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O&M Pty Ltd
(AG2014/3424)

CFMEU O&M MOBILE PLANT AND EARTHWORKS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 24 JANUARY 2014

Application for approval of the CFMEU O&M Mobile Plant and Earthworks Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CFMEU O&M Mobile Plant and Earthworks Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by O & M Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] I am satisfied that the Construction, Forestry, Mining and Energy Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 24 January 2014 and, in accordance with s.54, will operate from 31 January 2014. The nominal expiry date of the Agreement is 1 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, O&M Pty Ltd, sought approval of the CFMEU O&M Mobile Plant and Earthworks Enterprise Agreement 2013. The applicant was represented by Mr. A. Brown, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), was represented by Mr. K. Williams. The case was heard in the Fair Work Commission by Commissioner J. Smith.

The primary legal issue the court had to determine was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to consider if the agreement provided for fair and reasonable terms and conditions, and if it complied with the relevant statutory provisions. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns about certain provisions, particularly those relating to casual employment and overtime.

The court found that, while there were areas of concern, the agreement was overall fair and reasonable. Commissioner Smith noted that the agreement provided for the protection of employees' rights and interests, and that the provisions in question could be interpreted in a manner that complied with the Act. The court also considered the broader context of the agreement, including the need to balance the interests of employers and employees in the mobile plant and earthworks industry. Ultimately, the court was satisfied that the agreement met the criteria for approval.

The court approved the CFMEU O&M Mobile Plant and Earthworks Enterprise Agreement 2013. The court's decision was based on a finding that the agreement provided for fair and reasonable terms and conditions, and complied with the relevant statutory provisions. The approval of the agreement was a significant step forward in the ongoing negotiations between employers and employees in the mobile plant and earthworks industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established