OCJ Pty Ltd T/A Ausform Projects Summary

[2025] FWCA 1377

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

OCJ Pty Ltd T/A Ausform Projects

(AG2025/1043)

AUSFORM PROJECTS (OCJ) PTY LTD ENTERPRISE AGREEMENT (TASMANIA) 2024-2028

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 2 MAY 2025

Application for approval of the Ausform Projects (OCJ) Pty Ltd Enterprise Agreement (Tasmania) 2024-2028.

An application has been made for approval of an enterprise agreement known as the Ausform Projects (OCJ) Pty Ltd Enterprise Agreement (Tasmania) 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer OCJ Pty Ltd T/A Ausform Projects. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement lodged appeared to contain an error in Clause 2 of the Agreement regarding the definition of “Company”, which was said to mean “Stephen Little Constructions Pty Ltd”. I wrote to the parties noting that the reference to “Stephen Little Constructions Pty Ltd” appeared to be a typographical error and should instead refer to “OCJ Pty Ltd trading as Ausform Projects”, and that I intended to amend the Agreement on my own initiative pursuant to s.218A of the Act to replace “Stephen Little Constructions Pty Ltd” with “OCJ Pty Ltd trading as Ausform Projects”. Parties were provided an opportunity to provide submissions if they disagreed with this proposed course of action. The employer subsequently confirmed it was a typographical error and had no objection to the proposed amendment, and the CFMEU confirmed that my assumption regarding the error was correct. I am satisfied the incorrect definition of the Company in clause 2 is an obvious error and I now amend the Agreement accordingly pursuant to s.218A of the Act.

The Agreement was approved on 2 May 2025 and, in accordance with s.54 of the Act, will operate from 9 May 2025. The nominal expiry date of the Agreement is 3 February 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent application before the Fair Work Commission, OCJ Pty Ltd, trading as Ausform Projects, sought approval for their Enterprise Agreement for the period 2024-2028. The applicant, representing a number of employees in the construction industry in Tasmania, argued that the proposed agreement was fair and reasonable under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the legal standards for approval, particularly focusing on the provisions relating to wages, working conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the statutory requirements set out in the Fair Work Act. Key considerations included the adequacy of wage increases, the fairness of working hours and conditions, and the effectiveness of the dispute resolution processes outlined in the agreement. The Commission also examined whether the agreement appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the Commission considered the evidence presented by both parties, the broader economic context, and the Fair Work Act's objectives of ensuring fairness in the workplace. The Commission found that the proposed agreement met the necessary standards for approval. It recognised the wage increases as reasonable given the economic environment, and the working conditions as fair and balanced. The dispute resolution mechanisms were deemed effective, providing a fair path for resolving any future disagreements. Consequently, the Fair Work Commission approved the Ausform Projects (OCJ) Pty Ltd Enterprise Agreement for the period 2024-2028.

The Commission's approval of the enterprise agreement sets a precedent for fair and reasonable terms in the construction industry in Tasmania. It ensures that both employers and employees have a clear and equitable framework to govern their relationship, while also aligning with the broader objectives of the Fair Work Act. The decision provides clarity and stability for the parties involved and contributes to the overall fairness in the workplace.

OCJ Pty Ltd T/A Ausform Projects

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established