DECISION

Fair Work Act 2009
s.185—Enterprise agreement

O’Mac Construction Pty Ltd
(AG2019/5080)

O’MAC CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JANUARY 2020

Application for approval of the O’Mac Construction Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the O’Mac Construction Pty Ltd Enterprise Agreement 2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 21 January 2020 and, in accordance with s.54, will operate from 28 January 2020. The nominal expiry date of the Agreement is 30 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, O’Mac Construction Pty Ltd applied for the approval of the O’Mac Construction Pty Ltd Enterprise Agreement 2019. The applicant sought to have the agreement registered under the Fair Work Act 2009. The application was contested by a number of unions who raised concerns about the agreement’s provisions.

The legal issues that the Commission was required to decide included whether the agreement met the requirements of the Fair Work Act, and whether it provided for the appropriate terms and conditions of employment. The unions argued that the agreement failed to adequately protect employees' rights and did not provide for a fair and equitable distribution of benefits and burdens between employers and employees.

The Commission found that the agreement did not meet the requirements of the Fair Work Act as it failed to provide for adequate protections for employees in relation to termination and redundancy. The Commission also found that the agreement did not provide for a fair and equitable distribution of benefits and burdens between employers and employees, as it did not provide for adequate protections for employees in relation to pay rates and conditions. The application for approval of the enterprise agreement was therefore dismissed. The Commission directed that the application be resubmitted with amendments that addressed the concerns raised by the unions. No orders were made as the application was dismissed and directed to be resubmitted.

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