DK & Sons Pty Ltd T/A Noleema Services

[2013] FWCA 4771

FAIR WORK COMMISSION

DECISION

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

DK & Sons Pty Ltd T/A Noleema Services
(AG2013/1822)

NOLEEMA SERVICES ENTERPRISE AGREEMENT 2012

Rail industry
COMMISSIONER CARGILL	SYDNEY, 19 JULY 2013

Application for approval of the Noleema Services Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Noleema Services Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by DK & Sons Pty Ltd trading as Noleema Services. The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 4 July 2013.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Rail, Tram and Bus Industry 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 26 July 2013. The nominal expiry date is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, DK & Sons Pty Ltd trading as Noleema Services, sought approval of the Noleema Services Enterprise Agreement 2012. The dispute arose under the Fair Work Act 2009, with the Fair Work Commission presiding over the matter. The applicant argued that the agreement should be certified as a simple and streamlined enterprise agreement, given its minimal complexity and the limited number of employees it affects.

The primary legal issues the court had to address were whether the agreement met the criteria for a simple and streamlined enterprise agreement and if it complied with the procedural requirements under the Fair Work Act. Specifically, the court had to determine if the agreement contained all necessary provisions, if it was negotiated in good faith, and if it adhered to the statutory minimum standards.

The court found that the agreement was appropriately straightforward and met the definition of a simple and streamlined enterprise agreement. It was negotiated in good faith and complied with the procedural requirements. The agreement contained all necessary provisions and adhered to the statutory minimum standards, thereby satisfying the criteria for approval. The court certified the agreement as compliant and fit for purpose.

As a result, the Fair Work Commission approved the Noleema Services Enterprise Agreement 2012. The agreement was deemed to be effective and binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established