DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oncontractor Pty Ltd
(AG2020/3548)

ONCONTRACTOR ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 14 DECEMBER 2020

Application for approval of the Oncontractor Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Oncontractor Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oncontractor Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2020. The nominal expiry date of the Agreement is 13 December 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Oncontractor Pty Ltd, sought approval of the Oncontractor Enterprise Agreement 2020 under the Fair Work Act 2009. The application was heard in the Fair Work Commission. The applicant sought approval of an enterprise agreement that contained provisions for a four-day work week, additional leave entitlements, and changes to penalty rates. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act, including the necessity to provide for the direct remuneration of employees and to ensure that the agreement did not have an adverse effect on employees’ wages, conditions of employment, or overall job security.

The Commission considered whether the agreement provided for the direct remuneration of employees in accordance with section 208 of the Act, and whether it contained provisions that did not have an adverse effect on employees’ wages, conditions, or job security under section 234. The applicant argued that the agreement met all necessary criteria and would benefit employees by enhancing work-life balance and job satisfaction. The Commission needed to balance the interests of the employer and employees, ensuring that the agreement was fair and reasonable.

In its decision, the Commission found that the agreement did provide for the direct remuneration of employees and did not have an adverse effect on employees’ wages, conditions, or job security. The Commission was satisfied that the four-day work week and additional leave provisions would not negatively impact employees, and the changes to penalty rates were fair and reasonable. The Commission approved the Oncontractor Enterprise Agreement 2020, noting that it met all statutory requirements and was in the best interests of the employees. The decision was made in the spirit of encouraging innovative workplace arrangements that benefit both employers and employees.

Oncontractor 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