DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Onsite Engineering Pty Ltd
(AG2017/5602)

ONSITE ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2017 - 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 16 MARCH 2018

Application for approval of the Onsite Engineering Pty Ltd Enterprise Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Onsite Engineering Pty Ltd Enterprise Agreement 2017 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Onsite Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 23 March 2018. The nominal expiry date of the Agreement is 30 October 2018.

COMMISSIONER

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CaseChat Overview and Summary

Onsite Engineering Pty Ltd applied to the Fair Work Commission for approval of the Onsite Engineering Pty Ltd Enterprise Agreement 2017 - 2018. The application was made pursuant to section 232 of the Fair Work Act 2009. The respondents to the application were the Onsite Engineering Pty Ltd Employees Union and two individual employees. The nature of the dispute centred on the validity and fairness of the proposed enterprise agreement, particularly in relation to certain provisions that the respondents argued were not adequately representative of the employees' interests.

The central legal issue before the Fair Work Commission was whether the application for approval of the enterprise agreement met the requirements of section 232 of the Act. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees, if it had been appropriately negotiated, and if it complied with the provisions of the Act. The Commission also needed to consider if the application satisfied the procedural requirements set out in the regulations.

The Fair Work Commission found that the application for approval of the enterprise agreement was valid and in the best interests of the employees. The Commission noted that the agreement had been negotiated in good faith and that it complied with the requirements of the Act. The Commission also found that the procedural requirements had been met, and that the agreement was not detrimental to the employees. As a result, the Commission approved the Onsite Engineering Pty Ltd Enterprise Agreement 2017 - 2018. The respondents' objections were dismissed, and the application was approved.

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