Nace Civil Engineering

[2014] FWCA 1409

FAIR WORK COMMISSION

DECISION

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

Nace Civil Engineering
(AG2014/188)

NACE CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 27 FEBRUARY 2014

Application for approval of the Nace Civil Engineering Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Nace Civil Engineering Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nace Civil Engineering Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 27 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission involved the approval of the Nace Civil Engineering Pty Ltd Enterprise Agreement 2013. Nace Civil Engineering Pty Ltd sought approval for the agreement, while the Electrical Trades Union of Australia contested the application, arguing that the agreement did not meet the requirements under the Fair Work Act 2009. The dispute centred on whether the agreement was sufficiently fair and whether it contained the necessary provisions to be approved by the Commission.

The legal issues before the Fair Work Commission included whether the enterprise agreement provided for a proper balance of rights and obligations between the employer and employees, and if it contained all the prescribed minimum terms and conditions as stipulated in the Fair Work Act. The Commission had to consider whether the agreement met the criteria for approval under section 231 of the Act and if it complied with the requirements of the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission determined that the Nace Civil Engineering Pty Ltd Enterprise Agreement 2013 met the necessary requirements for approval. The agreement was found to provide a fair balance of rights and obligations, and it contained all the prescribed minimum terms and conditions. The Commission was satisfied that the agreement was in the interests of the employees and complied with the statutory provisions. As a result, the Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the Nace Civil Engineering Pty Ltd Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act. The agreement was to take effect from the date of the Commission's decision, and it would be registered with the Fair Work Commission. The approval meant that the terms and conditions set out in the agreement would apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established