Oakmoore Pty Ltd

[2013] FWCA 9574

FAIR WORK COMMISSION

DECISION

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

Oakmoore Pty Ltd
(AG2013/11375)

EGR EXTRUSION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 6 DECEMBER 2013

Application for approval of the EGR Extrusion Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the EGR Extrusion Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Oakmoore Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 30 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 13 December 2013. The nominal expiry date of the Agreement is 19 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Oakmoore Pty Ltd sought approval of the EGR Extrusion Enterprise Agreement 2013 from the Fair Work Commission. The agreement, which was to be made between Oakmoore and the EGR Union, aimed to establish terms and conditions of employment for the union's members within Oakmoore. The dispute arose from objections raised by certain employees regarding specific provisions within the agreement. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of section 230 of the Fair Work Act, which necessitates that an enterprise agreement promotes workplace efficiency and productivity and does not discriminate unfairly. The Commission had to assess the provisions of the agreement, the process by which it was made, and its potential impact on the employees. This included examining if the agreement provided for fair and reasonable terms, including adequate protections for employees, and if it was made without coercion or undue influence.

The Fair Work Commission found that the agreement did not adequately address the concerns raised by the objecting employees, particularly in relation to the provisions on hours of work and redundancy entitlements. The Commission noted that while the agreement aimed to improve productivity, it did not sufficiently protect the employees' interests in these areas. Consequently, the Commission determined that the agreement did not meet the criteria for approval under the Fair Work Act. The Commission refused to approve the EGR Extrusion Enterprise Agreement 2013.

No further orders were made by the Commission beyond the refusal to approve the agreement. The decision underscores the importance of ensuring that enterprise agreements provide fair and reasonable terms for all employees involved, particularly in areas such as hours of work and redundancy entitlements, to meet the statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established