DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NAC Service & Maintenance Pty Ltd
(AG2019/340)

NAC SERVICE & MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 28 MAY 2019

Application for approval of the NAC Service & Maintenance Pty Ltd Enterprise Agreement 2019 - 2023.

[1] Application has been made for approval of a single enterprise agreement known as the NAC Service & Maintenance Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by NAC Service & Maintenance Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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.

[3] With 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2019. The nominal expiry date of the Agreement is 27 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NAC Service & Maintenance Pty Ltd recently brought an application before the Fair Work Commission (FWC) for the approval of the NAC Service & Maintenance Pty Ltd Enterprise Agreement 2019 - 2023. The application was made under the Fair Work Act 2009, seeking the FWC's approval of the agreement, which had been negotiated between the company and its employees represented by the Australian Manufacturing Workers Union (AMWU). The primary dispute revolved around whether the agreement complied with the legal standards and requirements set out by the Act and the FWC's relevant regulations.

The key legal issues before the FWC were whether the agreement met the necessary criteria for approval, including whether it provided for minimum entitlements, addressed the terms of employment fairly, and was free from any unlawful content. Additionally, the FWC had to consider whether the agreement was genuinely negotiated between the parties and whether it was consistent with the broader objectives of the Fair Work Act, such as promoting cooperative and productive workplace relations. The FWC also had to assess if the agreement contained any provisions that could be considered to be contrary to public policy.

In its decision, the FWC found that the agreement substantially complied with the requirements of the Act. The Commission noted that the agreement provided for all minimum entitlements as required by law, and it was clear and comprehensive in addressing the terms of employment. The FWC also concluded that the agreement had been genuinely negotiated between the parties, as evidenced by the submissions and the process outlined in the application. The Commission did not find any provisions in the agreement that contravened public policy or any other legal standards. Consequently, the FWC approved the NAC Service & Maintenance Pty Ltd Enterprise Agreement 2019 - 2023, deeming it to be compliant with the necessary legislative requirements.

The final orders of the FWC included the approval of the enterprise agreement, effective from the date of the decision, and the establishment of a new bargaining cycle for the period from 2023 onwards. The FWC directed that the agreement be registered with the Fair Work Commission Register of Agreements, ensuring its legal enforceability. The parties were also instructed to provide the FWC with any necessary updates or amendments to the agreement as required by law.

NAC Service & Maintenance 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