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

[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

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.

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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the trustee for the Oracle Structures Trust, trading as Oracle Structures Pty Ltd, who sought approval for a new enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) South Australia. The matter was heard in the Fair Work Commission. The primary issue before the commission was whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009, specifically if it complied with the provisions regarding good faith bargaining, employee representation, and the provision of relevant information. The commission had to determine if the agreement was fairly negotiated, adequately represented the interests of the employees, and if all necessary disclosures were made in good faith.

The commission began by examining the process of negotiation, considering whether there was evidence of genuine efforts to reach an agreement through good faith bargaining. It scrutinised the participation of employee representatives and whether they were adequately consulted throughout the negotiation process. The trustee for the Oracle Structures Trust presented evidence of the negotiation process, including meeting minutes, correspondence, and the views of the employee representatives. The commission also assessed whether all relevant information had been disclosed to the employee representatives in a timely manner, ensuring they were fully informed to make decisions on behalf of their members.

After reviewing the evidence, the commission concluded that the negotiation process was conducted in good faith and that the employee representatives were adequately consulted and informed. The proposed agreement was found to fairly represent the interests of the employees and complied with all necessary requirements under the Fair Work Act. The commission approved the enterprise agreement, emphasising the importance of good faith bargaining and proper representation in the negotiation process. The final orders included the approval of the Oracle Structures Pty Ltd / CFMEU South Australia Enterprise Agreement 2023, with specific conditions to ensure ongoing compliance and the rights of the employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established