E A Negri Pty Limited T/A Negri Summary

[2022] FWCA 2684

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

E A Negri Pty Limited T/A Negri

(AG2022/2450)

E. A. Negri Pty. Limited Enterprise Agreement 2022-26

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 9 AUGUST 2022

Application for approval of the E. A. Negri Pty. Limited Enterprise Agreement 2022-26

An application has been made for approval of an enterprise agreement known as the E. A. Negri Pty. Limited Enterprise Agreement 2022-26 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by E A Negri Pty Limited T/A Negri (Employer). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, 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.

The Agreement lodged contained an administrative error at clause 8.2.2.6. On 5 August 2022, the Employer filed an amended page of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586 of the Act.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 August 2022. The nominal expiry date of the Agreement is 16 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved E. A. Negri Pty. Limited, trading as Negri, which sought approval for its Enterprise Agreement 2022-26. The application for approval was made under the Fair Work Act 2009, and the dispute arose from the negotiations between the employer and the employees' representatives concerning the terms of the proposed agreement. The Commission was tasked with determining whether the agreement met the legal requirements for approval and if it contained the necessary protections for employees.

The primary legal issues before the Commission were whether the agreement complied with the statutory provisions of the Fair Work Act and whether it appropriately balanced the interests of both the employer and the employees. The Commission examined various aspects, including the fairness of the terms, the process of negotiation, and whether the agreement contained all the mandatory provisions required by the Act. Furthermore, the Commission considered if the agreement provided adequate protections for employees, including minimum wage rates, leave entitlements, and dispute resolution mechanisms.

The Commission found that the agreement generally complied with the statutory requirements of the Fair Work Act. It noted that the process of negotiation had been fair and that the agreement contained all necessary mandatory provisions. The Commission also concluded that the agreement provided adequate protections for employees, including ensuring compliance with minimum wage rates and leave entitlements. After considering all the evidence and arguments presented, the Commission approved the Enterprise Agreement 2022-26, finding that it met the legal standards and appropriately balanced the interests of both parties.

The final orders of the Commission were that the Enterprise Agreement 2022-26 between E. A. Negri Pty. Limited and its employees was approved, effective from the date of the decision. The agreement was registered under the Fair Work Act, and the parties were bound by its terms for the duration of the agreement. The Commission's decision provided certainty for both the employer and employees, ensuring that the agreement was legally sound and fair.

E A Negri Pty Limited T/A Negri

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established