DECISION

Fair Work Act 2009
s.185—Enterprise agreement

One Source Contractors Pty Ltd
(AG2018/5476)

ONE SOURCE CONTRACTORS ENTERPRISE AGREEMENT 2018-2022

Plumbing industry
COMMISSIONER MCKINNON	MELBOURNE, 22 MARCH 2019

Application for approval of the One Source Contractors Enterprise Agreement 2018-2022.

[1] Application has been made for approval of a single enterprise agreement known as the One Source Contractors Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by One Source Contractors Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2019. The nominal expiry date of the Agreement is 30 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

One Source Contractors Pty Ltd applied to the Fair Work Commission for approval of the One Source Contractors Enterprise Agreement 2018-2022. The applicant, a small construction company, sought to implement a new enterprise agreement with its employees, who are represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the procedural fairness of the application process and whether the agreement complied with the Fair Work Act 2009.

The central legal issues the court had to resolve were whether the application was properly made and whether the proposed agreement met the statutory requirements under the Fair Work Act. Specifically, the court needed to determine if the application was lodged within the prescribed timeframe and if the agreement adhered to the provisions that ensure it is fair and reasonable for the employees and the employer.

In its decision, the Fair Work Commission found that the application was indeed lodged within the correct timeframe, and the procedural fairness of the process was upheld. The court further examined the proposed agreement and found it to be fair and reasonable, taking into account the need for the agreement to be sufficiently flexible to accommodate the small business environment while ensuring adequate protections for the employees. The Commission approved the enterprise agreement, noting that it met all necessary legal standards and provided a balanced framework for the employer and employees.

The Commission ordered that the One Source Contractors Enterprise Agreement 2018-2022 be approved and registered. This decision allows the applicant to implement the new terms and conditions of employment as outlined in the agreement, effective from the date of the decision.

One Source Contractors 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