DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Narran Industries Pty Ltd
(AG2019/4213)

NARRAN INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 DECEMBER 2019

Application for approval of the Narran Industries Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Narran Industries Pty Ltd Enterprise Agreement 2019 - 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 December 2019. The nominal expiry date of the Agreement is 3 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Narran Industries Pty Ltd Enterprise Agreement 2019 - 2023. The application was brought by the employer, Narran Industries Pty Ltd, and opposed by the Australian Manufacturing Workers' Union. The dispute centred on whether the terms of the proposed enterprise agreement complied with the Fair Work Act 2009.

The Commission had to determine whether the proposed agreement met the requirements of the Act, specifically whether it contained the mandated minimum terms, did not unfairly discriminate, and was not contrary to public policy. The employer argued that the agreement was fair and met all statutory requirements. The union, however, contended that certain provisions were unfair and did not provide adequate protections for employees.

In its decision, the Commission examined the specific terms of the agreement and considered the arguments of both parties. The Commission found that the agreement contained the mandated minimum terms and did not unfairly discriminate against employees. The union's concerns about certain provisions were addressed through minor amendments. Ultimately, the Commission approved the agreement, finding it to be fair and in compliance with the Act.

The Commission made orders approving the Narran Industries Pty Ltd Enterprise Agreement 2019 - 2023, subject to the minor amendments made during the hearing. The agreement now serves as the binding framework for the employment relationship between the employer and its employees for the specified period.

Narran Industries 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