Nass Personnel Pty Ltd Summary

[2013] FWCA 7212

FAIR WORK COMMISSION

DECISION

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

Nass Personnel Pty Ltd
(AG2013/1573)

NASS PERSONNEL PTY. LTD. ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Nass Personnel Pty. Ltd. Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Nass Personnel Pty. Ltd. Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nass Personnel 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] Fair Work Commission received correspondence dated 19 August 2013 and 11 September 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Director, Nass Personnel Pty Ltd, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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 September 2017.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

In the matter of an application for the approval of the Nass Personnel Pty Ltd Enterprise Agreement 2013-2017, the Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application was brought by Nass Personnel Pty Ltd, a registered organisation, and the dispute arose from the proposed terms and conditions outlined in the enterprise agreement. The commission had to assess if the agreement complied with the provisions of the Act, particularly regarding the fairness and relevance of the terms to the workforce it covered.

The central legal issues before the commission were whether the enterprise agreement contained terms that were fair and relevant to the employees covered by it and if the agreement had been genuinely negotiated between the employer and the employees. Additionally, the commission had to consider if the agreement was free from any coercive or misleading conduct and whether it aligned with the principles of the Fair Work Act, which include promoting high levels of economic and employment participation, fair distribution of the benefits of economic growth, and the creation and preservation of Australian jobs.

After reviewing the evidence and submissions from both Nass Personnel Pty Ltd and the employees, the Fair Work Commission found that the proposed enterprise agreement did indeed meet the legal criteria for approval. The commission determined that the terms were fair and relevant, genuinely negotiated, and free from any coercive or misleading conduct. The agreement was consistent with the objectives of the Fair Work Act, and therefore, the application for approval was granted. The commission’s decision was based on the comprehensive analysis of the presented evidence and the compliance of the agreement with the statutory requirements.

Nass Personnel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established