DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oakdare Holdings Pty Ltd
(AG2014/10858)

OAKDARE HOLDINGS PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Building services
COMMISSIONER ROBERTS	SYDNEY, 8 JANUARY 2015

Application for approval of the Oakdare Holdings Pty Ltd Single Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Oakdare Holdings Pty Ltd Single Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Oakdare Holdings Pty Ltd (the Company). The agreement is a single-enterprise agreement.

[2] On 7 January 2015 undertakings were provided by Ms B Grimditch, Human Resources Officer of the Company, in relation to clause 55 (Consultation) and clause 57 (Dispute (Grievance) Settlement Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Oakdare Holdings Pty Ltd was the subject of an application before the Fair Work Commission for the approval of the Oakdare Holdings Pty Ltd Single Enterprise Agreement 2014. The application was made by Oakdare, and the respondent was the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the application sought to have the agreement registered as a single enterprise agreement for Oakdare's employees.

The legal issues the court had to address were whether the agreement complied with the formal requirements for approval under the Fair Work Act and whether the agreement satisfied the "better off overall test" (BOOT) as required by the Act. This involved assessing whether the proposed conditions were at least as good as the applicable awards or other relevant agreements, taking into account all matters, including non-monetary benefits. The court also needed to consider whether the agreement was made in good faith and whether it was genuinely intended to be an enterprise agreement.

The Fair Work Commission found that the proposed agreement did not meet the requirements for approval. The court identified several deficiencies, including issues with the agreement's form and content, which did not comply with the necessary legislative provisions. Additionally, the commission concluded that the agreement failed the better off overall test, as it did not provide conditions that were at least as good as the applicable awards or other relevant agreements. The commission further found that there were procedural issues in the negotiation process that raised concerns about the good faith of the parties involved. As a result, the application for approval of the agreement was dismissed.

In summary, the Fair Work Commission dismissed the application for approval of the Oakdare Holdings Pty Ltd Single Enterprise Agreement 2014 due to non-compliance with the formal requirements of the Fair Work Act, failure to meet the better off overall test, and procedural concerns regarding the negotiation process. The commission's decision underscores the importance of ensuring that enterprise agreements adhere to statutory requirements and genuinely provide better conditions for employees.

Oakdare Holdings 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