O&M Pty Ltd Summary | CaseChat AU

[2024] FWCA 723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

O&M Pty Ltd

(AG2024/326)

O&M PTY LTD CFMEU MECHANICAL SERVICES ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 FEBRUARY 2024

Application for approval of the O&M Pty Ltd CFMEU Mechanical Services Enterprise Agreement 2023

O&M Pty Ltd has made an application for approval of an enterprise agreement known as the O&M Pty Ltd CFMEU Mechanical Services Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

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

The Construction, Forestry and Maritime Employees Union (CFMEU), 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 the CFMEU.

The Agreement was approved on 26 February 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of O&M Pty Ltd, the applicant sought approval of the CFMEU Mechanical Services Enterprise Agreement 2023. The applicant was the employer, represented by its principal, while the respondent was the CFMEU, the union representing the employees. The application was heard in the Fair Work Commission, the tribunal responsible for overseeing the approval of enterprise agreements. The union argued that the agreement was not in the best interests of the employees, while the employer contended that it was a fair and reasonable agreement.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The union argued that the agreement did not provide adequate protections for employees in certain areas, such as redundancy and termination of employment. The employer, on the other hand, maintained that the agreement was fair and reasonable and provided adequate protections for the employees.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement was in the best interests of the employees. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, including provisions for redundancy and termination of employment. The Commission also noted that the agreement had been negotiated in good faith and that the union had provided adequate representation for the employees. The Commission approved the agreement, and it came into effect on 1 July 2023.

The final orders of the Commission were that the CFMEU Mechanical Services Enterprise Agreement 2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered on the Register of Approved Agreements maintained by the Commission. The agreement was to apply to all employees of O&M Pty Ltd who were members of the CFMEU and who were covered by the agreement. The agreement was to come into effect on 1 July 2023 and was to remain in effect until 30 June 2027, unless earlier terminated in accordance with the agreement or the Fair Work Act 2009.

O&M Pty Ltd

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