Nathan Contractors Pty Ltd
[2024] FWCA 4459
•12 DECEMBER 2024
| [2024] FWCA 4459 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Nathan Contractors Pty Ltd
(AG2024/4610)
NATHAN CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2024-2028
| Building, metal and civil construction industries | |
| COMMISSIONER SLOAN | SYDNEY, 12 DECEMBER 2024 |
Application for approval of the Nathan Contractors Pty Ltd Enterprise Agreement 2024 - 2028
Nathan Contractors Pty Limited (“Employer”) has made an application for approval of an enterprise agreement known as the Nathan Contractors Pty Ltd Enterprise Agreement 2024-2028 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The notice of employee representational rights that was provided to employees was not in the prescribed form. It seems to have been derived from an earlier iteration of Schedule 2.1 of the Fair Work Regulation 2009. I consider this to be a minor procedural or technical error of the nature contemplated by s 188(5) of the Act and am satisfied that the employees are not likely to have been disadvantaged by the error.
Clause 12.9 of the Agreement is titled “Workplace Delegates Rights”. It states that the Agreement “provides for the exercise of the rights of workplace delegates set out in accordance with Clause 36A of the reference Award [the Building and Construction General On-site Award 2020] and Section 350C of the FW Act”. This has to be read with clause 3.4.2 of the Agreement, which “expressly incorporates” the terms of the Award into the Agreement. Consequently, clause 36A of the Award (titled “Workplace delegates’ rights”) forms a term of the Agreement.
Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 19 December 2024. The nominal expiry date of the Agreement is 12 December 2028.
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