Trustee For Oracle Structures Trust T/A Oracle Structures Pty Ltd

[2024] FWCA 960

[2024] FWCA 960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Trustee For Oracle Structures Trust T/A Oracle Structures Pty Ltd

(AG2024/686)

ORACLE STRUCTURES PTY LTD / CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 18 MARCH 2024

Application for approval of the Oracle Structures Pty Ltd / CFMEU South Australia Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Oracle Structures Pty Ltd / CFMEU South Australia Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Trustee For Oracle Structures Trust T/A Oracle Structures Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 18 March 2024.

1. In respect of the Notice of Employee Representational Rights (NERR) deficiencies, it appears a pre-reform version of the NERR was provided to employees which contained a description of the scope of the proposed Agreement that referred to the Agreement itself. I note that the proposed Agreement is a rollover Agreement.  I am also satisfied taking into consideration s.188(2) and s.188(5) of the Act, that the procedural or technical errors referred to are minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

1. There are two National Employment Standard (NES) issues that require comment:

·  Clause 5.1(b) states that an employee is entitled to accrue 20 or 25 days of annual leave which appears inconsistent with s.87 of the Act which provides for annual leave in weeks.

·  Clause 5.5 does not appear to provide for compassionate leave which would otherwise be available in circumstances of miscarriage or stillbirth. This appears inconsistent with s.104 of the Act.

1. Clause 1.5 of the Agreement acts as an effective NES precedence clause. As a result, the above clauses will not apply to the extent that they are inconsistent with the NES.

1. The Construction, Forestry and Maritime Employees Union, 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

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