DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melhuish Consulting
(AG2019/466)

NX BLUE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 28 JUNE 2019

Application for approval of the NX Blue Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the NX Blue Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melhuish Consulting. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 5 July 2019. The nominal expiry date of the Agreement is 27 June 2023.

COMMISSIONER

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The matter in Melhuish Consulting involved an application to the Fair Work Commission for the approval of the NX Blue Enterprise Agreement 2019. The parties to the agreement were the employer, NX Blue, and the employees represented by the union, the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the terms and conditions of the proposed enterprise agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. The case was heard and decided by the Fair Work Commission, which has jurisdiction over such matters under Australian labour law.

The legal issues before the court required the determination of whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act. Key among these was whether the agreement provided for minimum terms and conditions of employment as mandated by the Act, and whether it was free from any unfair content. The court had to consider whether the agreement was made in good faith and whether it provided for a proper process for the resolution of any disputes that might arise during its operation. Additionally, the court needed to assess if the agreement provided adequate protections for employees and did not undermine their existing rights.

In its decision, the Fair Work Commission carefully reviewed the provisions of the NX Blue Enterprise Agreement 2019 against the legal standards set by the Fair Work Act. The Commission found that the agreement largely complied with the statutory requirements, including the provision of minimum terms and conditions. The agreement was deemed to be made in good faith, and it included appropriate mechanisms for dispute resolution. The Commission also concluded that the agreement did not contain any unfair content and provided sufficient protections for employees. Consequently, the Commission approved the enterprise agreement, finding it to be in accordance with the relevant provisions of the Act.

The Fair Work Commission's final orders were to approve the NX Blue Enterprise Agreement 2019, effective from the date specified in the agreement. The Commission's decision provided clarity and certainty for both the employer and the employees regarding the terms and conditions of their employment. This outcome ensured that the agreement would govern the employment relationship between the parties, subject to the provisions of the Fair Work Act and any applicable industrial instruments.

Melhuish Consulting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established