DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NAN Holdings Pty Ltd
(AG2019/778)

NAN HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2019

Cleaning services
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2019

Application for approval of the NAN Holdings Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the NAN Holdings Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NAN Holdings Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 12 - Annual Leave

• Clause 21.10 - Abandonment

However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 6 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NAN Holdings Pty Ltd applied to the Fair Work Commission for approval of the NAN Holdings Pty Ltd Enterprise Agreement 2019. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard by Deputy President D.J. Smyth in the Federal Circuit Court of Australia.

The central legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The CFMEU argued that the agreement did not comply with the Act, as it failed to provide for a fair and efficient process for resolving enterprise disputes. NAN Holdings Pty Ltd contended that the agreement was compliant and provided for an adequate dispute resolution process.

The Deputy President found that the agreement was compliant with the statutory requirements for approval. The agreement provided for a fair and efficient process for resolving enterprise disputes, including the establishment of an enterprise dispute resolution committee. The Deputy President noted that the agreement also included provisions for mediation and conciliation, as well as a right of appeal to the Fair Work Commission. The application for approval was therefore granted.

NAN Holdings Pty Ltd was granted approval for the NAN Holdings Pty Ltd Enterprise Agreement 2019, subject to any necessary modifications to comply with the Fair Work Act 2009. The agreement is now registered and binding on all parties covered by the agreement.

NAN Holdings 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