Nat Prot Pty Ltd T/A Nat Prot Pty Ltd

[2022] FWCA 4073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nat Prot Pty Ltd T/A Nat Prot Pty Ltd

(AG2022/4639)

Fairness and Inclusion Agreement

Security services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 21 NOVEMBER 2022

Application for approval of the Fairness and Inclusion Agreement

An application has been made for approval of an enterprise agreement known as the Fairness and Inclusion Agreement (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Nat Prot Pty Ltd T/A Nat Prot Pty Ltd. The Agreement is a single enterprise agreement.

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.

The United Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 November 2022. The nominal expiry date of the Agreement is 28 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Nat Prot Pty Ltd, trading as Nat Prot Pty Ltd, and their employees represented by the Australian Manufacturing Workers Union. The dispute centred on the application for approval of a Fairness and Inclusion Agreement, which aimed to modify various aspects of the employees' employment conditions. The Fair Work Commission, led by Deputy President D. C. Grice, was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the proposed Fairness and Inclusion Agreement met the criteria outlined in section 233 of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was in the interests of the employees, and whether it was fair and reasonable. The Commission had to consider whether the agreement provided for a fair and efficient workplace, and whether it adequately protected employees' rights and interests.

In its decision, the Commission emphasised the importance of protecting employees' rights and ensuring that any agreement was fair and reasonable. The Commission noted that the agreement proposed changes that were beneficial to the employees, such as increased flexibility in work arrangements and improved conditions for part-time and casual employees. The Commission concluded that the agreement was in the best interests of the employees, and that it was fair and reasonable. Accordingly, the Commission approved the Fairness and Inclusion Agreement.

The Fair Work Commission's decision provides guidance for employers and employees on the types of changes that can be included in a Fairness and Inclusion Agreement, and the standards that must be met for such an agreement to be approved. The Commission's decision also highlights the importance of protecting employees' rights and interests in any proposed changes to employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established