DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orontide Group Limited
(AG2017/4140)

ORONTIDE GROUP LIMITED ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JANUARY 2018

Application for approval of the Orontide Group Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Orontide Group Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orontide Group Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2018. The nominal expiry date of the Agreement is 22 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Orontide Group Limited was the subject of an application for the approval of the Orontide Group Limited Enterprise Agreement 2017. The applicant was the Fair Work Commission, and the parties involved in the agreement were Orontide Group Limited and the Building, Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically in terms of the agreement's coverage, fairness, and procedural validity. The matter was heard in the Fair Work Commission, with the Commission exercising its jurisdiction under section 231 of the Fair Work Act.

The key legal issues before the Commission were whether the agreement was a "good faith" agreement, whether it complied with the "better off overall test", and whether the agreement was procedurally valid. The Commission examined whether the agreement was genuinely negotiated between the parties in good faith, whether it provided for terms and conditions that were at least as favourable as the applicable awards or other relevant agreements, and whether the agreement was certified by an independent certifier. The Commission also needed to determine if the agreement was properly registered and if the required notices were given to the relevant parties.

The Fair Work Commission found that the Orontide Group Limited Enterprise Agreement 2017 met all the necessary requirements for approval. The Commission was satisfied that the agreement was genuinely negotiated in good faith, that it provided for terms and conditions that were at least as favourable as the applicable awards or other relevant agreements, and that it was procedurally valid. The Commission also confirmed that the agreement was properly registered and that the required notices were given to the relevant parties. Consequently, the Commission approved the agreement under section 231 of the Fair Work Act.

The final orders of the Fair Work Commission were that the Orontide Group Limited Enterprise Agreement 2017 be approved as a registered agreement, effective from the date of the decision. The agreement was to be binding on Orontide Group Limited and the Building, Construction, Forestry, Maritime, Mining and Energy Union and their members, subject to the provisions of the Fair Work Act and any applicable awards or other relevant agreements. The Commission also ordered that the agreement be registered in accordance with section 233 of the Fair Work Act.

Orontide Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established