Onsite Group Pty Ltd

[2013] FWCA 6983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Onsite Group Pty Ltd
(AG2013/2293)

ONSITE GROUP PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 16 SEPTEMBER 2013

Application for approval of the Onsite Group Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Onsite Group Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Onsite Group Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 23 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE “A”

CaseChat Overview and Summary

Onsite Group Pty Ltd was the subject of an application for approval of an enterprise agreement, the Onsite Group Pty Ltd Enterprise Agreement 2013-2017, before the Fair Work Commission. The dispute arose between Onsite Group Pty Ltd, represented by their employer association, and several unions representing the employees. The unions contested the terms of the proposed agreement, raising concerns about the fairness and compliance with the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement met the requirements for approval under the Act and whether the terms were fair and reasonable in all respects.

The Commission examined the application for approval by considering the process followed to negotiate the agreement, the fairness of the terms, and whether the agreement complied with the provisions of the Act. Key areas of focus included the negotiation process, the representation of the parties, and the content of the agreement. The Commission also assessed whether the agreement provided for appropriate mechanisms for dispute resolution and whether it adhered to the minimum entitlements set out in the National Employment Standards.

After thorough deliberation, the Commission found that the agreement met the necessary criteria for approval. The negotiation process was deemed to have been conducted fairly, with appropriate representation from both sides. The terms of the agreement were considered fair and reasonable, taking into account the specific circumstances of the employees and the business operations of Onsite Group Pty Ltd. The Commission concluded that the agreement provided for adequate dispute resolution mechanisms and did not undermine the minimum entitlements prescribed by the Act. Consequently, the application for approval of the enterprise agreement was granted.

The Commission made orders approving the Onsite Group Pty Ltd Enterprise Agreement 2013-2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees for the specified period until it expired or was replaced by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established