DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Patrik O’Leary Consolidated Pty Ltd (ATF OJ Holdings Trust Account)
(AG2017/2097)

MULTIRIG ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 4 OCTOBER 2017

Application for approval of the Multirig Enterprise Agreement 2017 -2021.

[1] An application has been made for approval of an enterprise agreement known as the Multirig Enterprise Agreement 2017 -2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Patrik O’Leary Consolidated Pty Ltd (ATF OJ Holdings Trust Account). 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 11 October 2017. The nominal expiry date of the Agreement is 3 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by the Australian Building Construction Commission (ABCC) to the Fair Work Commission (FWC) for approval of the Multirig Enterprise Agreement 2017-2021. The agreement in question was made between the employer, Patrik O’Leary Consolidated Pty Ltd (acting through the OJ Holdings Trust), and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement provided for the employees' pay and conditions fairly and adequately, considering the provisions of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the Multirig Enterprise Agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement provided for employees' pay and conditions that were no less favourable than the relevant minimum standards set out in the Act and whether it was made in good faith and without coercion. The FWC also had to consider whether the agreement was procedurally sound, including the extent to which the union had genuinely bargained on behalf of the employees.

In its decision, the FWC found that the Multirig Enterprise Agreement provided for the employees' pay and conditions in a manner that was no less favourable than the minimum standards. The court was satisfied that the agreement was the product of genuine and meaningful bargaining between the employer and the union, and that it was not made under coercion. The FWC noted the extensive negotiations and the union's efforts to represent the interests of its members. The court approved the agreement on the basis that it met the necessary criteria under the Fair Work Act. The final orders included the approval of the Multirig Enterprise Agreement 2017-2021, with certain conditions to ensure compliance with the Act.

Patrik O’Leary Consolidated Pty Ltd (ATF OJ Holdings Trust Account)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established