DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Origin Fencing Pty Ltd
(AG2016/264)

ORIGIN FENCING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 MARCH 2016

Application for approval of the Origin Fencing Pty Ltd Enterprise Agreement 2016.

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

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2016. The nominal expiry date of the Agreement is 22 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Origin Fencing Pty Ltd applied to the Fair Work Commission for approval of the Origin Fencing Pty Ltd Enterprise Agreement 2016. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement was not fairly negotiated and contained provisions that did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement was fairly negotiated and met the requirements of the Act, including that it provided for fair terms and conditions of employment.

The Commission found that the agreement was fairly negotiated, as there had been genuine bargaining between the parties and the agreement reflected the outcome of that bargaining. The Commission also found that the agreement met the requirements of the Act, including that it provided for fair terms and conditions of employment. The Commission noted that the agreement contained provisions that were consistent with industry standards and provided for protections for employees, such as minimum wage rates and entitlements to leave.

The Commission approved the agreement, stating that it was satisfied that the agreement was fairly negotiated and met the requirements of the Act. The Commission noted that the agreement provided for fair terms and conditions of employment and reflected the outcome of genuine bargaining between the parties. The Commission also noted that the agreement contained provisions that were consistent with industry standards and provided for protections for employees.

The Commission made an order approving the Origin Fencing Pty Ltd Enterprise Agreement 2016.

Origin Fencing 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