Otter Fencing Pty Ltd

[2013] FWCA 7914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Otter Fencing Pty Ltd
(AG2013/10767)

OTTER FENCING PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 9 OCTOBER 2013

Application for approval of the Otter Fencing Pty Ltd Enterprise Agreement 2013.

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

[2] I am satisfied that each of the requirements of ss186, 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(1), will operate from 16 October 2013. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Otter Fencing Pty Ltd was before the Fair Work Commission in an application for the approval of the Otter Fencing Pty Ltd Enterprise Agreement 2013. The applicant, Otter Fencing Pty Ltd, sought approval of the agreement which was negotiated with the Construction, Forestry, Mining and Energy Union. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, including provisions for minimum rates of pay, annual leave, and other conditions of employment.

The central legal issues for the Commission to decide were whether the agreement complied with the statutory requirements for enterprise agreements, including whether it provided for minimum rates of pay and conditions, and whether it was free from prohibited content. Additionally, the Commission needed to determine if the agreement had been made in good faith and if the necessary procedural requirements had been satisfied, including proper notice and opportunity for relevant parties to be consulted.

The Commission found that the agreement met all the statutory requirements. It provided for the minimum rates of pay and conditions as stipulated by the Fair Work Act. The Commission also concluded that the agreement was free from any prohibited content and had been made in good faith. Furthermore, the necessary procedural requirements, including proper consultation and notice, were adhered to. As a result, the Commission approved the Otter Fencing Pty Ltd Enterprise Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established