Nacap Pty Ltd Summary

[2022] FWCA 1035

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Nacap Pty Ltd

(AG2022/596)

Nacap Qld Construction Services Agreement 2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 25 MARCH 2022

Application for approval of the Nacap QLD Construction Services Agreement 2022 – Correction to Expiry Date

The decision issued by the Fair Work Commission on 25 March 2022 [[2022] FWCA 1035, AE515457] is corrected as follows:

The date of expiry was changed from 30 June 2024 to 1 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Nacap Pty Ltd applied for approval of a single-enterprise agreement under section 185 of the Fair Work Act 2009. The application concerned the Nacap QLD Construction Services Agreement 2022, which pertains to the building, metal, and civil construction industries. The Fair Work Commission, under Commissioner Wilson, was tasked with determining whether to approve the agreement and, specifically, whether to correct the expiry date of the agreement. The applicant sought to amend the expiry date from 30 June 2024 to 1 April 2026.

The central legal issue before the Commission was whether the proposed extension of the agreement's expiry date was permissible under the Fair Work Act. The Commission had to consider if the amendment to the agreement would still meet the criteria for approval as set out in the Act, including whether the agreement would be in the public interest and if it provided for the fair treatment of employees. The Commission also had to consider if the extension was reasonable and necessary, given the context of the industries involved and the potential impact on both employers and employees.

The Fair Work Commission, after reviewing the application and the relevant provisions of the Fair Work Act, determined that the proposed amendment to the agreement's expiry date was appropriate. The Commission found that the extension to 1 April 2026 would serve the public interest by providing stability and certainty for the industries involved. The Commission concluded that the agreement, as amended, met all the necessary criteria for approval and would ensure fair treatment of employees. Therefore, the Commission approved the application for the corrected expiry date.

The final orders of the Commission were that the Nacap QLD Construction Services Agreement 2022, with the corrected expiry date of 1 April 2026, be approved under section 185 of the Fair Work Act 2009. This decision ensured that the agreement would provide for the fair treatment of employees and would be in the public interest for the specified industries.

Nacap Pty Ltd

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