DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MCO Services Pty Ltd t/a Next Phase Contracting
(AG2015/7705)

NPC CAPITAL SQUARE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 20 JANUARY 2016

Application for approval of the NPC Capital Square Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the NPC Capital Square Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MCO Services Pty Ltd t/a Next Phase Contracting. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2016. The nominal expiry date of the Agreement is 19 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, MCO Services Pty Ltd trading as Next Phase Contracting, sought approval of the NPC Capital Square Enterprise Agreement 2015. The applicant argued that the agreement was fair and reasonable and should be approved by the Fair Work Commission (FWC). The dispute was heard in the Fair Work Commission, with the hearing taking place in Sydney. The legal issues before the FWC were whether the agreement was genuinely negotiated and whether it was fair and reasonable.

The FWC noted that the agreement was entered into between the applicant and the employees of NPC Capital Square. The applicant argued that the agreement was genuinely negotiated and that it was fair and reasonable. The FWC found that the agreement was genuinely negotiated and that it was fair and reasonable. The FWC considered the terms of the agreement and the process by which it was negotiated. The FWC found that the agreement provided for reasonable pay and conditions and that it was not overly punitive or disadvantageous to the employees. The FWC approved the agreement and made an order accordingly.

The FWC approved the NPC Capital Square Enterprise Agreement 2015 and made an order to that effect. The order was effective from the date of the FWC's decision. The order provided that the agreement would be registered and would have effect as an enterprise agreement under the Fair Work Act 2009. The order also provided that the agreement would be binding on the applicant and the employees of NPC Capital Square. The order did not contain any specific provisions relating to the terms of the agreement, but rather focused on the approval of the agreement as a whole.

MCO Services Pty Ltd t/a Next Phase Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established