DECISION

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

N & P Contracting Pty Ltd
(AG2019/1595)

N&P CONTRACTING PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 AUGUST 2019

Application for approval of the N&P Contracting Pty Ltd Single Enterprise Agreement 2019.

[1] N&P Contracting Pty Ltd (N&P Contracting) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the N&P Contracting Pty Ltd Single Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by N&P Contracting in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Applicant's undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 12 August 2019. The nominal expiry date of the Agreement is 5 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

N & P Contracting Pty Ltd was the subject of an application for the approval of its 2019 Single Enterprise Agreement, which was brought before the Fair Work Commission. The applicant, N & P Contracting Pty Ltd, sought approval for the agreement, which outlined the terms and conditions of employment for its workers. The application was contested by the Australian Manufacturing Workers' Union, which argued that certain provisions of the agreement were unfair and did not provide adequate protections for employees.

The central legal issues that the commission was required to decide were whether the provisions of the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the commission had to determine whether the agreement provided for minimum wages and conditions, including minimum rates of pay, penalty rates, leave entitlements, and other employment terms, that were no less favourable than those set out in the relevant modern awards. The commission also had to consider whether the agreement provided for appropriate dispute resolution mechanisms and whether it was consistent with the objectives of the Fair Work Act.

In its decision, the commission found that the agreement did not comply with certain provisions of the Fair Work Act and Regulations. The commission identified several areas of concern, including the provision of minimum wages and conditions, the inclusion of provisions that allowed for the payment of casual loading instead of penalty rates for weekend work, and the lack of adequate dispute resolution mechanisms. The commission concluded that these provisions were not consistent with the objectives of the Fair Work Act and were therefore unfair. As a result, the commission refused to approve the agreement. The commission noted that the applicant had an opportunity to address these issues and resubmit a modified agreement for approval.

In summary, the Fair Work Commission refused to approve the 2019 Single Enterprise Agreement of N & P Contracting Pty Ltd due to non-compliance with certain provisions of the Fair Work Act and Regulations, including the provision of minimum wages and conditions, the inclusion of provisions that allowed for the payment of casual loading instead of penalty rates for weekend work, and the lack of adequate dispute resolution mechanisms. The applicant was given an opportunity to address these issues and resubmit a modified agreement for approval.

N & P Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established