Oliveri Solutions Pty Limited T/A Oliveri Solutions Pty Limited Summary

[2022] FWCA 1432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oliveri Solutions Pty Limited T/A Oliveri Solutions Pty Limited

(AG2022/428)

Oliveri Solutions Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 28 APRIL 2022

Application for approval of the Oliveri Solutions Pty Ltd Enterprise Agreement 2022

Oliveri Solutions Pty Limited T/A Oliveri Solutions Pty Limited (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as Oliveri Solutions Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Undertakings were also provided by the Applicant in response to concerns the Commission held in relation to whether the Agreement passes the better off overall test. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

· cause financial detriment to any employee covered by the Agreement; or

· result in substantial changes to the Agreement.

The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to s.190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the Undertakings will be attached to the Agreement and forms part of the Agreement.

I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer declarations in support of an application for approval of the Agreement, and the responses to requests for further information provided by the Applicant, 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 the employees of the Applicant, however, considering s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

The Agreement is approved in accordance with s.54 of the Act and will operate from 5 May 2022. The nominal expiry date of the Agreement is 28 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

CaseChat Overview and Summary

In the Fair Work Commission, Oliveri Solutions Pty Limited, trading as Oliveri Solutions Pty Limited, applied for the approval of the Oliveri Solutions Pty Ltd Enterprise Agreement 2022. The applicant sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute arose as the applicant sought to have the agreement registered without the Fair Work Commission's endorsement of certain provisions that were considered to be outside the scope of the agreement's coverage.

The primary legal issues the Commission was required to decide involved whether the agreement complied with the requirements of the Fair Work Act and whether any provisions of the agreement were beyond the scope of the agreement's coverage. Specifically, the Commission had to determine if the provisions related to the applicant's operations in Western Australia were permissible under the agreement, which was intended to cover operations in New South Wales.

In addressing these issues, the Commission carefully reviewed the scope of the agreement and the operations of the applicant. The Commission found that while the agreement was otherwise compliant with the Fair Work Act, certain provisions related to Western Australian operations were beyond the intended scope of the agreement, which was designed to cover New South Wales operations. As a result, the Commission determined that these provisions could not be endorsed and subsequently removed them from the agreement. After excluding these provisions, the Commission approved the agreement, recognising it as a registered enterprise agreement. The Commission concluded that the agreement, with the specified provisions omitted, complied with the requirements of the Fair Work Act and was therefore eligible for registration.

Oliveri Solutions Pty Limited T/A Oliveri Solutions Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established