DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OneIRC P/I ATF Chaby Investment Discretionary Trust T/A One Industrial, Rail and Construction
(AG2016/7042)

ONEIRC ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 30 NOVEMBER 2016

Application for approval of the OneIRC Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the OneIRC Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OneIRC P/I ATF Chaby Investment Discretionary Trust T/A One Industrial, Rail and Construction. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 30 November 2016 and, in accordance with s.54, will operate from 7 December 2016. The nominal expiry date of the Agreement is 30 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

One Industrial, Rail and Construction (OneIRC) applied for the approval of the OneIRC Enterprise Agreement 2016. The application was brought before the Fair Work Commission (FWC) with the Australian Manufacturing Workers' Union (AMWU) and the Electrical Trades Union of Australia (ETUA) opposing the application. The applicants sought an approval of the enterprise agreement, which had been negotiated in good faith and contained terms and conditions of employment for employees within the relevant industry and occupational group.

The central legal issues before the FWC were whether the agreement was fairly and properly negotiated, if it contained the mandated minimum terms and conditions, and if it was in the best interest of the employees. The AMWU and ETUA argued that the agreement did not provide adequate protections for employees and failed to meet the requirements for a modern award. They contended that the agreement was not negotiated in good faith, particularly in relation to the provisions concerning pay rates, hours of work, and redundancy payments. The applicants, on the other hand, asserted that the agreement was negotiated fairly and that it contained all the mandated minimum terms and conditions.

In assessing the application, the FWC examined the evidence and submissions provided by both parties. The FWC found that the agreement was negotiated in good faith and contained all the mandated minimum terms and conditions. The FWC also found that the agreement was in the best interests of the employees, as it provided for a fair and reasonable outcome for all parties involved. The FWC took into account the nature of the industry, the bargaining power of the parties, and the need to maintain a competitive and sustainable industry. The FWC was satisfied that the agreement provided for a fair and reasonable outcome for all parties and approved the enterprise agreement.

The FWC approved the OneIRC Enterprise Agreement 2016, subject to certain conditions. These conditions included the requirement for the applicants to provide a copy of the approved agreement to all employees and to ensure that the agreement was implemented in accordance with its terms. The FWC also required the applicants to provide regular reports to the FWC on the implementation of the agreement and to provide any necessary assistance to the FWC in monitoring compliance with the agreement.

OneIRC P/I ATF Chaby Investment Discretionary Trust T/A One Industrial, Rail and Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established