DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Optical Data Services Pty Ltd
(AG2015/1145)

OPTICAL DATA SERVICES PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2015

Application for approval of the Optical Data Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Optical Data Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Optical Data Services Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 18 May 2015 and, in accordance with s.54, will operate from 25 May 2015. The nominal expiry date of the Agreement is 18 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Optical Data Services Pty Ltd applied to the Fair Work Commission for approval of the Optical Data Services Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The Australian Workers’ Union, the registered union for the employees in question, opposed the application. The dispute arose in the context of a proposed mine development at Roy Hill, and the parties were unable to reach an agreement on the terms of the enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it was made in good faith. The Commission also needed to consider whether the agreement contained any terms that were contrary to public policy or had an adverse effect on the operation of the Fair Work Act.

In determining the application, the Commission considered the submissions from both parties and examined the terms of the proposed agreement. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was made in good faith. The Commission also determined that the agreement did not contain any terms that were contrary to public policy or had an adverse effect on the operation of the Fair Work Act. The Commission approved the application and registered the agreement as a certified agreement.

The Commission’s decision provides guidance to employers and unions on the requirements for approving an enterprise agreement. The decision highlights the importance of ensuring that agreements provide for fair and reasonable terms and conditions, and are made in good faith. The decision also confirms that agreements that are contrary to public policy or have an adverse effect on the operation of the Fair Work Act will not be approved.

Optical Data Services 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