DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Oakdare Holdings Pty Ltd
(AG2018/6746)

OAKDARE HOLDINGS SINGLE ENTERPRISE AGREEMENT 2018

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 20 AUGUST 2019

Application for approval of the Oakdare Holdings Single Enterprise Agreement 2018.

[1] Oakdare Holdings Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Oakdare Holdings Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 27 August 2019. The nominal expiry date of the Agreement is 20 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Oakdare Holdings Pty Ltd and its employees, seeking approval for the Oakdare Holdings Single Enterprise Agreement 2018. The primary issue was whether the proposed agreement met the statutory requirements under the Fair Work Act 2009 and if it was fair and reasonable for the employees. The dispute centred around the terms and conditions outlined in the agreement, specifically those relating to pay rates, penalties for unauthorised absences, and the definition of "work" as it pertained to loading and unloading vehicles.

The legal issues before the Commission involved determining whether the agreement was a single, indivisible enterprise agreement and whether it complied with the procedural requirements for approval. The Commission also had to assess if the proposed changes to the employees' conditions were fair and reasonable, taking into account the principles of procedural fairness and the overall impact on the employees. The Commission considered whether the agreement was negotiated in good faith, and if the process followed was appropriate and complied with the relevant statutory provisions.

The Fair Work Commission found that the Oakdare Holdings Single Enterprise Agreement 2018 was a single, indivisible agreement and that the process for its negotiation was generally in accordance with the statutory requirements. The Commission concluded that the proposed changes to the employees' conditions were fair and reasonable, as they did not significantly alter the employees' terms and conditions of employment in a detrimental manner. The Commission further found that the agreement was negotiated in good faith and that the process followed was appropriate. Consequently, the Commission approved the agreement.

The Fair Work Commission made an order approving the Oakdare Holdings Single Enterprise Agreement 2018, effective from 1 April 2018. The Commission also directed that the agreement be registered with the Fair Work Commission, and that the employer provide written notice of the approval to all affected 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