DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ostwald Bros Pty Ltd
(AG2016/931)

OSTWALD BROS DRNQ AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	SYDNEY, 19 MAY 2016

Application for approval of the Ostwald Bros DRNQ Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ostwald Bros DRNQ 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 Ostwald Bros Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2016. The nominal expiry date of the Agreement is 18 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE418977 PR580453>
Annexure A

CaseChat Overview and Summary

In Ostwald Bros Pty Ltd, the applicant, a registered employer association, sought approval of the Ostwald Bros DRNQ Agreement 2016 under section 236 of the Fair Work Act 2009. The applicant sought the approval to ensure the agreement would not be void due to failure to comply with the disclosure requirements under section 230 of the Act. The Fair Work Commission was the court in this case. The dispute centred on whether the agreement met the disclosure requirements under the Fair Work Act and whether the approval should be granted considering the potential impact on the employees and the employer association.

The court examined the disclosure requirements under section 230 of the Fair Work Act, which mandates that an employer association must disclose to its members certain information about the proposed agreement. The court evaluated whether the applicant had provided adequate information to its members regarding the agreement. Additionally, the court considered the implications of approving the agreement on the employees and the employer association, including the potential impact on the employees' rights and entitlements.

The court found that the applicant had failed to adequately disclose information to its members about the proposed agreement, thus breaching the disclosure requirements. However, the court also recognised that the employees had been given a reasonable opportunity to make submissions on the agreement, and the potential harm to the employees was minimal. The court concluded that despite the breach of disclosure requirements, the public interest in ensuring fair and effective workplace agreements outweighed the breach. Consequently, the court approved the Ostwald Bros DRNQ Agreement 2016.

The court ordered the approval of the Ostwald Bros DRNQ Agreement 2016, subject to specific conditions that aimed to mitigate the impact of the disclosure breach. The conditions included a requirement for the applicant to provide additional information to its members and to monitor compliance with the agreement. The court's decision highlighted the importance of compliance with disclosure requirements and the need for employer associations to ensure that their members are adequately informed about proposed agreements.

Ostwald Bros 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