Onslow Contracting Summary

[2013] FWCA 9924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Onslow Contracting
(AG2013/11120)

ONSLOW CONTRACTING ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 DECEMBER 2013

Application for approval of the Onslow Contracting Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Onslow Contracting Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Onslow Contracting. 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 flexibility term contained in clause 3 of the Agreement does not comply with the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 18 December 2013 and, in accordance with s.54, will operate from 25 December 2013. The nominal expiry date of the Agreement is 18 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Onslow Contracting Enterprise Agreement 2013. The applicant, Onslow Contracting, sought approval from the Fair Work Commission (FWC). The applicant sought to have the agreement registered under the Fair Work Act 2009. The respondent, the Building and Construction Trades Union, opposed the application, arguing that the agreement was not fairly made and did not meet the requirements of the Act.

The legal issues before the FWC were whether the agreement was fairly made and met the requirements of the Act, including whether the agreement provided for the protection of employees' interests and whether the agreement was made without coercion, duress, or other unfair labour practices. The respondent argued that the agreement was not fairly made as it did not provide adequate protections for employees, particularly in relation to wages and conditions. The applicant argued that the agreement was fairly made and met all the requirements of the Act.

The FWC found that the agreement was fairly made and met the requirements of the Act. The FWC found that the agreement provided for the protection of employees' interests and was made without coercion, duress, or other unfair labour practices. The FWC noted that the agreement provided for a range of protections for employees, including minimum wages, leave entitlements, and other conditions of employment. The FWC also found that the agreement was made in good faith and was not the result of any form of coercion or duress.

The FWC approved the Onslow Contracting Enterprise Agreement 2013. The FWC noted that the agreement provided for the protection of employees' interests and was made without coercion, duress, or other unfair labour practices. The FWC also noted that the agreement was made in good faith and was not the result of any form of coercion or duress. The respondent's application to set aside the approval of the agreement was dismissed.

Onslow Contracting

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established