DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Onsite Engineering Pty Ltd
(AG2015/5496)

ONSITE ENGINEERING PTY LTD PERTH CITY LINK BUS PORT PROJECT ENTERPRISE AGREEMENT 2015-2016

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 23 SEPTEMBER 2015

Application for approval of the Onsite Engineering Pty Ltd Perth City Link Bus Port project Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Onsite Engineering Pty Ltd Perth City Link Bus Port project Enterprise Agreement 2015-2016 (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 was approved on 23 September 2015 and, in accordance with s.54, will operate from 30 September 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Onsite Engineering Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement in relation to their Perth City Link Bus Port project. The dispute arose from the employees' claim that the proposed agreement did not sufficiently address their wage and conditions concerns, while Onsite Engineering argued that the agreement was fair and reasonable. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as prescribed by the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement contained the necessary provisions as required by the Act, and if it provided for the fair and equitable treatment of the employees. The Commission considered the provisions of the agreement, the submissions from both parties, and the broader context of industrial relations law. Specifically, the Commission examined whether the agreement provided for proper consultation, minimum wages and conditions, and if it adhered to the principles of good faith bargaining.

In its decision, the Commission found that the proposed agreement did not adequately address the employees' concerns regarding wages and conditions. The Commission emphasised the importance of proper consultation and the need for agreements to reflect the outcomes of genuine bargaining. The Commission also noted that the agreement failed to provide for the minimum entitlements required by law. Consequently, the Commission did not grant approval for the agreement. The parties were directed to continue negotiations to reach an agreement that met the statutory requirements and reflected the principles of fair and equitable treatment.

As a result of the Commission's decision, Onsite Engineering Pty Ltd was required to re-evaluate and renegotiate the terms of the enterprise agreement to address the identified shortcomings. The Commission's decision serves as a reminder of the importance of adhering to legal requirements and the principles of fair work in the negotiation and approval of enterprise agreements.

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