Oracle Windows Summary

[2013] FWCA 3767

FAIR WORK COMMISSION

DECISION

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

Oracle Windows
(AG2013/1129)

ORACLE WINDOWS PTY LTD ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 17 JUNE 2013

Application for approval of the Oracle Windows Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Oracle Windows Pty Ltd Enterprise Agreement 2013-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Oracle Windows Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 24 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Oracle Windows Pty Ltd applied for approval of its Enterprise Agreement 2013-2016, which was challenged by the Australian Manufacturing Workers’ Union. The matter was brought before the Fair Work Commission, which was tasked with determining whether the agreement was genuinely intended to be an enterprise agreement and whether it was made in good faith. The union argued that the agreement did not genuinely reflect the terms of employment and was not made in good faith.

The Commission considered the evidence presented by both parties and examined the terms of the agreement. It was noted that the agreement was negotiated between the parties and contained provisions that were consistent with the terms and conditions of employment. The Commission found that the agreement genuinely reflected the terms of employment and was made in good faith. The union's argument that the agreement was not genuinely intended to be an enterprise agreement was rejected.

The Commission approved the Enterprise Agreement 2013-2016, finding that it met the requirements of the Fair Work Act. The union's challenge to the agreement was dismissed. The agreement was approved and registered with the Fair Work Commission.

Oracle Windows

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established