Patrick O'Leary Consolidated Pty Ltd ATF OJ Holdings Trust Account T/A Multirig

[2013] FWCA 1123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Patrick O'Leary Consolidated Pty Ltd ATF OJ Holdings Trust Account T/A Multirig
(AG2013/314)

MULTIRIG ENTERPRISE AGREEMENT 2013 -2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 27 FEBRUARY 2013

Application for approval of the Multirig Enterprise Agreement 2013 -2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 February 2013 by Patrick O'Leary Consolidated Pty Ltd ATF OJ Holdings Trust Account T/A Multirig for the approval of a single-enterprise agreement known as the Multirig Enterprise Agreement 2013 -2017 (“the Agreement”).

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Patrick O'Leary Consolidated Pty Ltd, acting through the OJ Holdings Trust, trading as Multirig, applied for the approval of the Multirig Enterprise Agreement 2013-2017. The application was brought before the Fair Work Commission. The primary dispute involved the terms and conditions of employment for the employees of Multirig, including matters related to wages, working hours, leave entitlements, and other employment-related conditions.

The key legal issues before the Commission were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for being deemed a "direct substitution" agreement. Specifically, the Commission needed to determine if the agreement fairly reflected the terms and conditions of employment, if it was free from any unfair provisions, and if it had been genuinely negotiated between the employer and the employees' representatives. The Commission also had to consider whether the agreement provided for proper procedural fairness and if it was in the best interest of the employees.

The Fair Work Commission determined that the Multirig Enterprise Agreement 2013-2017 met all the necessary legal requirements for approval. The Commission found that the agreement was a direct substitution of the previous agreement and contained terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement had been genuinely negotiated and was in the best interests of the employees. The Commission also found that the agreement provided for adequate procedural fairness and met all the statutory requirements for approval under the Fair Work Act 2009.

As a result, the Fair Work Commission approved the Multirig Enterprise Agreement 2013-2017. The approved agreement now governs the terms and conditions of employment for the employees of Patrick O'Leary Consolidated Pty Ltd, trading as Multirig, for the period 2013 to 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established