Ontime Guardrail Pty Ltd T/A Ontime Guardrail Pty Ltd

[2024] FWCA 4580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ontime Guardrail Pty Ltd T/A Ontime Guardrail Pty Ltd

(AG2024/4666)

ONTIME GUARDRAIL PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 19 DECEMBER 2024

Application for approval of the Ontime Guardrail Pty Ltd Enterprise Agreement 2024

Ontime Guardrail Pty Ltd T/A Ontime Guardrail Pty Ltd has applied for approval of an enterprise agreement known as Ontime Guardrail Pty Ltd Enterprise Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (Act).

The Agreement is a single enterprise agreement.

The application was lodged 4 days later than the requirement under s 185(3)(a) of the Act. The employer has explained the late application to my satisfaction and I consider it fair to exercise the discretion conferred by s 185(3)(b) of the Act to grant an extension.

Noting the undertakings provided and clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 December 2024.

In accordance with clause 3 of the Agreement, the nominal expiry date of the Agreement is 31 October 2028.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Ontime Guardrail Pty Ltd for approval of the Ontime Guardrail Pty Ltd Enterprise Agreement 2024. The dispute centred on whether the terms of the proposed agreement met the legislative requirements for enterprise agreements under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement complied with the statutory criteria, including the requirement for genuine agreement, coverage of minimum entitlements, and procedural fairness in the negotiation process.

The primary legal issue was whether the enterprise agreement demonstrated genuine agreement between the employer and employees, and whether it covered all minimum entitlements as stipulated by the Fair Work Act. Additionally, the court had to assess if the negotiation process adhered to the procedural fairness standards set forth by the legislation. The applicant argued that the agreement was fairly negotiated and covered all necessary entitlements, while no objections were formally raised by the employees.

In rendering its decision, the Fair Work Commission examined the evidence provided by Ontime Guardrail Pty Ltd regarding the negotiation process and the content of the agreement. The Commission found that the agreement was indeed negotiated in good faith and that it covered all minimum entitlements. Furthermore, the Commission was satisfied that the procedural fairness requirements were met, as there were no objections raised by the employees during the negotiation process. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the statutory requirements.

The final orders of the Commission were that the Ontime Guardrail Pty Ltd Enterprise Agreement 2024 be approved and registered, effective from the date of the decision. This approval validated the agreement, ensuring it could be implemented and enforced as a binding contract between Ontime Guardrail Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established