DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Optical Terminations Pty Ltd
(AG2019/499)

OPTICAL TERMINATIONS PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT BULL	SYDNEY, 14 MAY 2019

Application for approval of the Optical Terminations Pty Ltd Single Enterprise Agreement 2018.

[1] An application (Form F16) has been filed by Optical Terminations Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Optical Terminations Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement as per s.172(2) of the Act.

[2] The Employer has provided written undertakings regarding the non-engagement of school-based apprentices and trainees, the payment of time off in lieu of termination, rates of remuneration for employees subject to varied arrangements, and pay rates for apprentices. A copy of the undertakings is attached at the end of the Agreement. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2019. The nominal expiry date of the Agreement is 14 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Optical Terminations Pty Ltd was the subject of an application for the approval of a Single Enterprise Agreement (2018). The applicant was the Fair Work Commission, which was acting on behalf of the employer, Optical Terminations Pty Ltd. The application was made in response to negotiations between the employer and the employees, represented by the Electrical Trades Union of Australia, regarding the terms and conditions of employment. The application was heard and determined by the Fair Work Commission, an independent statutory tribunal in Australia.

The primary legal issue that the Commission had to address was whether the agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, maximum hours of work, and other provisions that were necessary to protect employees from unfair treatment. The Commission also had to consider whether the agreement had been made in good faith and whether it complied with any relevant national employment standards.

In determining whether the agreement met the requirements of the Fair Work Act, the Commission considered a range of factors, including the bargaining power of the parties, the nature of the industry, and the terms and conditions of the agreement itself. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it had been made in good faith. The Commission also found that the agreement complied with all relevant national employment standards. As a result, the Commission approved the agreement and made an order accordingly.

The Fair Work Commission approved the Optical Terminations Pty Ltd Single Enterprise Agreement 2018, finding that it met the requirements of the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it had been made in good faith. The Commission also found that the agreement complied with all relevant national employment standards. The Commission made an order approving the agreement and it came into effect on the date of the order.

Optical Terminations 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