DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OAS Data Cabling Pty Limited
(AG2016/1731)

OAS DATA CABLING PTY LTD COLLECTIVE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the OAS Data Cabling Pty Ltd Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the OAS Data Cabling Pty Ltd Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OAS Data Cabling Pty Limited. 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2016. The nominal expiry date of the Agreement is 4 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, OAS Data Cabling Pty Limited, sought approval of the OAS Data Cabling Pty Ltd Collective Agreement 2016 under section 233 of the Fair Work Act 2009. The application was heard by the Fair Work Commission, with the respondent being the Electrical Trades Union of Australia. The dispute centred on whether the proposed agreement, which aimed to set out the terms and conditions of employment for the employees, met the requirements for approval under the legislation.

The primary legal issue before the Commission was whether the agreement provided for terms and conditions that were no less favourable than the applicable modern awards, as mandated by section 234 of the Act. The Commission had to consider whether the agreement's provisions complied with the statutory minimum standards and did not unfairly disadvantage the employees. Additionally, the Commission needed to assess if the agreement adhered to the procedural requirements for approval, including whether proper consultation had occurred.

The Commission found that the agreement largely met the statutory requirements and was no less favourable than the applicable modern awards. The Commission considered the various provisions of the agreement and found them to be consistent with the Fair Work Act. The Commission was satisfied that the agreement was the product of genuine bargaining between the parties and that the process of consultation was adequate. As a result, the application for approval was successful, and the agreement was approved.

The Fair Work Commission approved the OAS Data Cabling Pty Ltd Collective Agreement 2016, effective from the date of the decision. The Commission found that the agreement provided for terms and conditions that were no less favourable than the applicable modern awards and adhered to the statutory requirements for approval. The agreement now serves as a binding contract between the applicants and the employees, governing their terms and conditions of employment.

OAS Data Cabling Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established