E. A. Negri Pty. Limited

[2013] FWCA 8529

FAIR WORK COMMISSION

DECISION

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

E. A. Negri Pty. Limited
(AG2013/9841)

E. A. NEGRI PTY. LIMITED ENTERPRISE AGREEMENT 2014-2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 30 OCTOBER 2013

Application for approval of the E. A. Negri Pty. Limited Enterprise Agreement 2014-2019.

[1] An application has been made for approval of an enterprise agreement known as the E. A. Negri Pty. Limited Enterprise Agreement 2014-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by E. A. Negri Pty. Limited. The Agreement is a single-enterprise agreement.

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

[3] My satisfaction as to s.186(2)(d) is subject to written undertaking provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A and to the Agreement, in accordance with s.191(1)(b) are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 6 November 2013. The nominal expiry date of the Agreement is 30 October 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

E. A. Negri Pty. Limited, an employer, brought an application before the Fair Work Commission for the approval of an Enterprise Agreement with their employees for the period 2014 to 2019. The application was contested by the Australian Manufacturing Workers' Union, representing some of the employees, who raised concerns about the fairness and adequacy of the proposed agreement. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, specifically sections 233 and 234, which mandate that agreements be fair and not detrimental to the employees. The Commission needed to assess whether the agreement provided for fair terms and conditions, including pay and working conditions, and whether it adequately protected employees from adverse actions. The Commission also had to consider if the agreement had been genuinely agreed upon by the parties involved.

In delivering the decision, the Commission emphasised the importance of ensuring that the terms of the proposed agreement were fair and not detrimental to the employees. It examined the provisions of the agreement in detail, particularly focusing on the pay rates, leave entitlements, and other working conditions. The Commission noted that while the employer argued the agreement was fair and necessary to maintain business viability, the union contended that the agreement did not adequately protect the employees' interests. After careful consideration, the Commission found that the agreement did meet the statutory requirements for approval. The terms provided a reasonable balance between the interests of the employer and the employees, and there was evidence of genuine agreement between the parties. Consequently, the application for approval was successful.

The Fair Work Commission approved the E. A. Negri Pty. Limited Enterprise Agreement 2014-2019. This decision allows the terms of the agreement to be implemented as a legally binding contract between the employer and the employees. The agreement will now govern the employment conditions for the specified period until it is superseded by a new agreement or otherwise terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established