DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Open 4 QLD Pty Ltd
(AG2016/4044)

OPEN 4 QLD PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 8 SEPTEMBER 2016

Application for approval of the Open 4 QLD Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Open 4 QLD Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Open 4 QLD Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2016. The nominal expiry date of the Agreement is 7 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Open 4 QLD Pty Ltd is a party to an enterprise agreement that is up for renewal. The applicant seeks the Fair Work Commission's approval of the new agreement. The Commission is required to determine whether the agreement meets the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complies with the statutory criteria set out in the Fair Work Act. The applicant argued that the agreement was fairly and genuinely negotiated and met the "better off overall test" for employees. The Commission had to consider if the proposed agreement was in the best interests of the employees, given the benefits and protections it provided.

The Commission found that the proposed agreement was fairly and genuinely negotiated and met the statutory criteria. The agreement provided a range of benefits to employees, including pay increases, improved leave entitlements, and greater flexibility in work arrangements. The Commission also considered the submissions of the parties and the evidence provided. It was satisfied that the agreement was in the best interests of the employees, as it provided them with a fair and reasonable outcome.

The Commission approved the Open 4 QLD Pty Ltd Enterprise Agreement 2016 - 2020. The agreement will now be registered with the Fair Work Commission and will apply to the employees of the applicant for the period of 2016 to 2020. The decision of the Commission is final and binding on the parties.

Open 4 QLD 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