Ontime Guardrail Pty Ltd T/A Ontime Guardrail Pty Ltd Summary

[2022] FWCA 443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ontime Guardrail Pty Ltd T/A Ontime Guardrail Pty Ltd

(AG2021/9384)

Application for approval of the Ontime Guardrail Pty Ltd Enterprise Agreement

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 FEBRUARY 2022

Application for approval of the Ontime Guardrail Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Ontime Guardrail Pty Ltd Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 February 2022. The nominal expiry date of the Agreement is 30 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ontime Guardrail Pty Ltd T/A Ontime Guardrail Pty Ltd applied for approval of the Ontime Guardrail Pty Ltd Enterprise Agreement 2021. The applicant is an employer within the road transport industry, and the dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This included ensuring the agreement was made in good faith, covered employees, and did not unfairly discriminate against employees. The applicant argued that the agreement was properly made and met all legal requirements. The respondent did not contest the agreement but raised concerns about certain provisions.

The Commission found that the agreement was made in good faith, was not misleading, and was not contrary to public policy. The Commission also found that the agreement met all procedural requirements, including proper consultation and notice provisions. The Commission noted that while some provisions were less favourable than the relevant awards, they were not considered to be unfair discrimination. The Commission approved the agreement, subject to minor amendments to address some of the concerns raised by the respondent.

The Commission's decision was that the enterprise agreement was approved with minor amendments. The applicant was directed to make the necessary changes and provide a copy of the amended agreement to the Commission within a specified timeframe.

Ontime Guardrail Pty Ltd T/A Ontime Guardrail Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established