DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oldfields Holdings Pty Ltd T/A Oldfields Pty Ltd
(AG2017/1985)

OLDFIELDS PTY LTD, CAMPBELLTOWN AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 14 JUNE 2017

Application for approval of the Oldfields Pty Ltd, Campbelltown Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Oldfields Pty Ltd, Campbelltown Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oldfields Holdings Pty Ltd T/A Oldfields Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 14 June 2017 and, in accordance with s.54, will operate from 21 June 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Oldfields Holdings Pty Ltd, trading as Oldfields Pty Ltd, seeking approval for the Oldfields Pty Ltd, Campbelltown Agreement 2017. The dispute arose under the Fair Work Act 2009, with the Australian Building and Construction Commission (ABCC) objecting to the proposed agreement on several grounds, including its compliance with the statutory requirements for modern awards. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue the court needed to resolve was whether the proposed agreement met the statutory requirements of the Fair Work Act 2009 and the relevant modern awards. Specifically, the court had to examine if the agreement was a genuine enterprise agreement, if it provided for a fair and efficient method of determining wages and other conditions, and if it complied with the provisions of the modern award. The court also had to consider the objections raised by the ABCC and determine if any provisions in the agreement were unfair or did not comply with the statutory requirements.

The court found that the proposed agreement was a genuine enterprise agreement, as it was made by an employer and a relevant employee organisation. The court determined that the agreement provided for a fair and efficient method of determining wages and other conditions. The court also found that the agreement complied with the provisions of the modern award, despite the objections raised by the ABCC. The court held that the agreement was not unfair and met all the statutory requirements under the Fair Work Act 2009.

The court approved the Oldfields Pty Ltd, Campbelltown Agreement 2017. The final orders included the approval of the agreement, effective from the date of the court's decision, and the dismissal of the ABCC's objections.

Oldfields Holdings Pty Ltd T/A Oldfields 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