DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Opus Omnia Pty Ltd
(AG2019/663)

OPUS OMNIA PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 2 MAY 2019

Application for approval of the Opus Omnia Pty Ltd Enterprise Agreement 2018.

[1] Opus Omnia Pty Ltd has made an application for the approval of an enterprise agreement known as the Opus Omnia Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise 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, 187, and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement was approved on 2 May 2019 and, in accordance with s 54, will operate from 9 May 2019. The nominal expiry date of the Agreement is 8 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the matter of Opus Omnia Pty Ltd, the applicant sought approval of the Opus Omnia Pty Ltd Enterprise Agreement 2018 before the Fair Work Commission. The dispute centred on the validity and fairness of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for certain employees of Opus Omnia Pty Ltd. The applicant argued that the agreement was necessary to provide a fair and efficient workplace, while no other parties contested the application. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and whether the agreement was fair and reasonable in terms of its content. Specifically, the Commission needed to assess whether the agreement was made without coercion, contained provisions that were fair and reasonable, and whether it complied with any relevant minimum standards prescribed by the Act or any applicable award. The applicant submitted that the agreement had been made in good faith and without any improper influence, and that it contained terms that were fair and reasonable in all the circumstances.

The Commission considered the evidence presented by the applicant and found that the agreement had been made in accordance with the procedural requirements of the Act. The Commission noted that the agreement had been negotiated in good faith, and that it contained provisions that were fair and reasonable. The Commission also found that the agreement did not contravene any relevant minimum standards. Accordingly, the Commission approved the agreement, finding that it met the requirements for approval under the Act. The applicant's application for approval of the enterprise agreement was thus successful.

The Fair Work Commission ordered that the Opus Omnia Pty Ltd Enterprise Agreement 2018 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement is to be registered by the Commission and will have effect from the date of registration. The decision of the Commission is final and binding on all parties, and may be enforced in any court of competent jurisdiction. The applicant is now able to implement the terms of the agreement, which will regulate the employment conditions of the affected employees.

Opus Omnia 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