Origin Fencing Pty Ltd Summary

[2024] FWCA 3717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Origin Fencing Pty Ltd

(AG2024/3702)

ORIGIN FENCING PTY LTD ENTERPRISE AGREEMENT 2024

Building services
COMMISSIONER MCKINNON	SYDNEY, 12 NOVEMBER 2024

Application for approval of the Origin Fencing Pty Ltd Enterprise Agreement 2024

Origin Fencing Pty Ltd has applied for approval of a single enterprise agreement known as the Origin Fencing Pty Ltd Enterprise Agreement 2024 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 19 November 2024. The nominal expiry date of the Agreement is 12 November 2028.

In accordance with s.205A(2) of the Act, the workplace delegates’ rights term in the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Origin Fencing Pty Ltd for approval of their Enterprise Agreement 2024. The applicant, a fencing services provider, sought to formalise various terms and conditions of employment for its employees through the proposed agreement. The Commission was tasked with assessing whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues at the heart of this case centred on whether the proposed agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it had been made in accordance with the procedural requirements of the Act. Additionally, the Commission needed to determine if the agreement was genuinely negotiated between the employer and the employees, as evidenced by the process followed in its creation. The applicant had to demonstrate that the agreement had been made free from any improper influence or coercion, and that it provided for fair and reasonable terms and conditions of employment.

In delivering its decision, the Fair Work Commission found that the proposed Enterprise Agreement 2024 complied with all the mandatory terms required by the Fair Work Act. The Commission noted that the agreement was the product of genuine negotiation between the parties, as evidenced by the documentation and testimonies provided. The Commission also determined that the agreement did not contain any terms that were unfair or unreasonable. As a result, the Commission approved the Origin Fencing Pty Ltd Enterprise Agreement 2024, thereby allowing it to take effect from the date of the decision.

The final orders of the Commission included the approval of the Origin Fencing Pty Ltd Enterprise Agreement 2024, effective from the date of the decision. The Commission emphasised that the agreement must be implemented in good faith by both parties, and that any disputes arising from the agreement must be resolved in accordance with the Fair Work Act. The applicant was also directed to provide a copy of the approved agreement to the Fair Work Ombudsman within the specified timeframe.

Origin Fencing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established