DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Onsite Engineering Pty Ltd
(AG2020/900)

ONSITE ENGINEERING PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 APRIL 2020

Application for approval of the Onsite Engineering Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020

[1] Onsite Engineering Pty Ltd has made an application for approval of a greenfields agreement known as the Onsite Engineering Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 April 2020. The nominal expiry date of the Agreement is 7 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Onsite Engineering Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between Onsite Engineering and the Construction, Forestry, Maritime, Mining and Energy Union (WA). The dispute centred around whether the proposed agreement met the necessary legal standards for approval, particularly in relation to the terms concerning wages, conditions, and the overall fairness of the agreement. The matter was brought before the Fair Work Commission, which has jurisdiction over such industrial disputes under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the legislative requirements and protected the rights of employees as set out in the Fair Work Act. Key points of contention included the adequacy of wage provisions, the balance of the agreement in terms of employee benefits and employer obligations, and whether the agreement was genuinely negotiated and free from any undue influence. The Commission had to ensure that the agreement did not unfairly disadvantage employees and that it met the criteria for being a "better off overall" agreement.

The Fair Work Commission, after reviewing the submissions and evidence presented by both parties, determined that the Onsite Engineering Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 met all necessary criteria for approval. The Commission found that the agreement was fairly negotiated and provided employees with a better overall package in terms of wages and conditions. The decision highlighted the balance achieved in the agreement, which catered to both employee welfare and employer flexibility, thus ensuring the agreement was fair and reasonable. As a result, the Commission approved the enterprise agreement.

The final orders included the approval of the enterprise agreement and its registration with the Fair Work Commission. This approval was subject to compliance with the conditions set forth by the Fair Work Act, ensuring that both parties adhere to the terms and conditions outlined in the agreement.

Onsite Engineering 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