Oldfields Pty Ltd

[2014] FWCA 3927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oldfields Pty Ltd
(AG2014/1158)

OLDFIELDS PTY LTD, CAMPBELLTOWN AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 JUNE 2014

Application for approval of the Oldfields Pty Ltd, Campbelltown Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Oldfields Pty Ltd, Campbelltown Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Oldfields 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] The National Union of Workers and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] On 11 June 2014 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 June 2014. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Oldfields Pty Ltd, sought approval of the Oldfields Pty Ltd, Campbelltown Agreement 2014, which was an industrial instrument negotiated under the Fair Work Act 2009. The respondent, the Australian Manufacturing Workers Union, opposed the application, asserting that the agreement contained terms that were contrary to public policy and detrimental to employees. The matter was heard by the Fair Work Commission, which was required to determine whether the agreement should be approved.

The primary legal issue before the Commission was whether the terms of the agreement contravened any provisions of the Fair Work Act or were otherwise unfair. Specifically, the respondent argued that certain clauses related to penalty rates and shift penalties were contrary to public policy and undermined the rights of employees. The Commission also needed to consider whether the agreement had been genuinely negotiated and whether it provided for a fair and efficient workplace.

The Commission determined that the terms of the agreement did not contravene any provisions of the Fair Work Act and were not contrary to public policy. The Commission found that the agreement had been genuinely negotiated and provided for a fair and efficient workplace. The Commission noted that the agreement provided for reasonable working conditions and allowed for flexibility in the workplace, which was in the interests of both the employer and the employees. The Commission also found that the penalty rates and shift penalties contained in the agreement were reasonable and provided for appropriate compensation for employees working outside of normal hours.

The Commission approved the Oldfields Pty Ltd, Campbelltown Agreement 2014, finding that it was a lawful and fair agreement that provided for a reasonable balance of rights and obligations for both the employer and employees. The Commission noted that the agreement provided for a flexible and efficient workplace and was in the best interests of all parties involved. The respondent's application for review was dismissed, and the agreement was approved as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established