DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Mac Construction Pty Ltd
(AG2017/4491)

O’MAC CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 DECEMBER 2017

Application for approval of the O’Mac Construction Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the O’Mac Construction Pty Ltd 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’Mac Construction Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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 8 December 2017 and, in accordance with s.54, will operate from 15 December 2017. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, O’Mac Construction Pty Ltd, an employer, applied for approval of the O’Mac Construction Pty Ltd Enterprise Agreement 2017. The dispute arose from the negotiation and subsequent application for approval of a proposed enterprise agreement which sought to regulate the terms and conditions of employment for its employees. The matter was heard by the Commissioner, who had to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a "bargained" agreement within the meaning of the Act, whether it met the formal requirements of a certified agreement, and if it provided for terms and conditions that were fair and reasonable. Additionally, the Commissioner had to consider whether the agreement contained any provisions that contravened any provisions of the Act or any applicable industrial instrument.

In delivering the decision, the Commissioner noted that the application for approval of the enterprise agreement was made by the employer in accordance with the procedures set out in the Act. The Commissioner found that the agreement had been genuinely bargained between the employer and the relevant trade union. The agreement satisfied the formal requirements for certification and the provisions within it were deemed to be fair and reasonable. The Commissioner was satisfied that the agreement did not contravene any provisions of the Act or any applicable industrial instrument. Consequently, the Commissioner approved the application for the agreement to be registered.

The Commissioner approved the application for the O’Mac Construction Pty Ltd Enterprise Agreement 2017 to be registered. This decision was made on the basis that the agreement was genuinely bargained, met all formal requirements, and contained provisions that were fair and reasonable. The agreement was registered, and it became a legally binding instrument governing the terms and conditions of employment for the employees covered by the agreement.

O’Mac Construction 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