N&P Contracting Pty Ltd

[2024] FWCA 2070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

N&P Contracting Pty Ltd

(AG2024/1663)

N&P CONTRACTING PTY LTD SINGLE ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER MIRABELLA	MELBOURNE, 5 JUNE 2024

Application for approval of the N&P Contracting Pty Ltd Single Enterprise Agreement 2023.

N&P Contracting Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the N&P Contracting Pty Ltd Single Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 6 March 2024 and the Agreement was made on 8 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the FW Act, as are relevant to this application for approval, has been met.

The Agreement was approved on 5 June 2024 and, in accordance with s.54 of the FW Act, will operate from 12 June 2024. The nominal expiry date of the Agreement is 5 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

N&P Contracting Pty Ltd was the subject of an application for approval of its 2023 Single Enterprise Agreement, which was heard by the Fair Work Commission. The dispute centred around the terms and conditions outlined in the agreement, which were being contested by certain employees. The nature of the disagreement pertained to various provisions including, but not limited to, wage rates, leave entitlements, and procedural fairness in workplace disputes.

The legal issues before the Commission involved assessing whether the proposed agreement complied with the requirements set out under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "single enterprise agreement" as defined in the Act, and if it met the criteria for "bargaining representative approval" and "independent approval" where necessary. Furthermore, the Commission examined whether the agreement fairly reflected the needs of both the employer and the employees, ensuring that it did not disadvantage any party unduly.

In delivering its decision, the Commission considered various submissions from both parties. It assessed the evidence presented regarding the bargaining process and the terms of the agreement. The Commission found that the agreement complied with the legislative requirements and was fair and reasonable. It determined that the agreement was appropriately negotiated and reflected a balance of interests between the employer and the employees. Consequently, the Commission approved the application for the agreement's registration.

As a result of this decision, the N&P Contracting Pty Ltd Single Enterprise Agreement 2023 was approved and registered, effective from the date of the Commission's decision. This ruling ensures that the agreed terms and conditions are legally binding and enforceable for 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