DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A Noble and Son Ltd t/a Nobles
(AG2015/5195)

A. NOBLE & SON LTD (ROXBY DOWNS) BRANCH SPECIFIC AGREEMENT 2015-2019

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 OCTOBER 2015

Application for approval of the A. Noble & Son Ltd (Roxby Downs) Branch Specific Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the A. Noble & Son Ltd (Roxby Downs) Branch Specific Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A Noble and Son t/a Nobles. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 29 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, A Noble and Son Ltd trading as Nobles, applied to the Fair Work Commission for approval of an enterprise agreement. The dispute involved the terms and conditions of employment for employees working at the Roxby Downs branch of the company. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009.

The legal issues before the Commission related to whether the proposed agreement was a "good faith" agreement and whether it met the requirements set out in the Fair Work Act. The Commission had to consider whether the agreement provided for terms and conditions of employment that were fair and reasonable, and whether the agreement had been made in good faith. The Commission also needed to assess whether the agreement complied with any relevant minimum standards prescribed by the Fair Work Regulations.

In reaching its decision, the Commission considered the evidence presented by both parties and the relevant provisions of the Fair Work Act and Regulations. The Commission found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission also found that the agreement met all relevant minimum standards. As a result, the Commission approved the proposed agreement.

The final orders of the Commission were that the A Noble & Son Ltd (Roxby Downs) Branch Specific Agreement 2015-2019 be approved as a registered agreement under the Fair Work Act. The agreement will now apply to the employees of the Roxby Downs branch of A Noble and Son Ltd from the date of registration.

A Noble and Son Ltd t/a Nobles

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established