DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omega Labour Hire Pty Ltd T/A Omega
(AG2018/5896)

OMEGA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 24 MAY 2019

Application for approval of the Omega Enterprise Agreement 2018.

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

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2019. The nominal expiry date of the Agreement is 1 August 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Omega Labour Hire Pty Ltd, trading as Omega, applied for approval of the Omega Enterprise Agreement 2018. The application was heard by the Fair Work Commission, where the union representing the workers, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the approval on the basis that the agreement did not adequately protect the rights and conditions of the employees. The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The court had to determine whether the agreement was a genuine enterprise agreement as defined by the Act. This required examining the process by which the agreement was made, including whether it was negotiated in good faith and whether it contained minimum workplace standards. Additionally, the court needed to assess whether the agreement was fair and whether it met the requirements for avoiding, preventing, or settling industrial disputes. The court's analysis focused on the procedural fairness of the negotiation process and the substantive fairness of the terms of the agreement.

The Fair Work Commission found that the agreement was genuinely negotiated in good faith, and that the process complied with the necessary legal requirements. The court also concluded that the agreement contained all the required minimum workplace standards and was fair and reasonable in its terms. The agreement was found to be effective in avoiding, preventing, or settling industrial disputes. Given these findings, the court approved the Omega Enterprise Agreement 2018.

The final order of the Commission was the approval of the Omega Enterprise Agreement 2018, effective from the date of the decision. This approval meant that the terms of the agreement would govern the employment conditions of the workers covered by the agreement. The decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and meet all statutory requirements for approval.

Omega Labour Hire Pty Ltd T/A Omega

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established