DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Obsidian Industries Pty Ltd
(AG2018/4883)

OBSIDIAN INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2018-2021

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 JANUARY 2019

Application for approval of the Obsidian Industries Pty Ltd Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Obsidian Industries Pty Ltd Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Obsidian Industries Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 31 January 2019 and, in accordance with s.54, will operate from 7 February 2019. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Obsidian Industries Pty Ltd recently appeared before the Fair Work Commission, where an application for the approval of the Obsidian Industries Pty Ltd Enterprise Agreement 2018-2021 was heard. The applicant, Obsidian Industries, is an employer in the construction industry, and the dispute centred around the terms and conditions set forth in the proposed agreement. The application was brought forth by the employer, seeking the commission's approval of the enterprise agreement to ensure it complies with the relevant industrial legislation and meets the necessary standards for approval.

The legal issues the court had to resolve involved whether the enterprise agreement provided fair and reasonable terms for employees and whether it adhered to the provisions of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the requirements for 'better off overall' and 'in good faith', and if it addressed the needs of both parties adequately. Additionally, the court examined whether the agreement provided adequate protection for employee rights and whether it complied with any relevant awards or orders.

The Fair Work Commission found that the proposed agreement was fair and reasonable, meeting all the statutory requirements. The commission noted that the agreement provided for a balanced set of terms and conditions that were in the best interest of both the employer and employees. The court was satisfied that the agreement was made in good faith and that it provided employees with better overall outcomes. Consequently, the Fair Work Commission approved the Obsidian Industries Pty Ltd Enterprise Agreement 2018-2021, deeming it compliant with the Fair Work Act 2009. The decision was based on the comprehensive analysis of the agreement's provisions, the evidence provided by both parties, and the overall fairness of the terms and conditions outlined in the agreement.

Obsidian Industries 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