DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nathan Contractors Pty Ltd
(AG2019/508)

NATHAN CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 MAY 2019

Application for approval of the Nathan Contractors Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Nathan Contractors Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nathan Contractors 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 19 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nathan Contractors Pty Ltd applied for approval of an enterprise agreement with the Fair Work Commission. The applicant is a small business employing tradespeople, and the agreement seeks to regulate employment terms and conditions for its employees. The dispute arose when the applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The Fair Work Commission had to decide whether the agreement met the statutory requirements for approval, including whether it complied with the good faith bargaining provisions and other relevant sections of the Act.

The primary legal issue was whether the enterprise agreement was made in good faith and whether it contained the required minimum terms and conditions. The applicant argued that the agreement was the result of genuine negotiations and that it contained all the necessary minimum terms. The opposition came from employee representatives who claimed that the agreement did not represent fair terms and conditions and that it was not made in good faith. The Commission needed to assess the evidence of the bargaining process and the content of the agreement to determine whether it complied with the statutory requirements.

After reviewing the evidence presented, the Fair Work Commission found that the agreement was made in good faith and contained all the necessary minimum terms. The Commission considered the process of negotiation, the content of the agreement, and the submissions from both parties. The Commission concluded that the applicant had demonstrated that the agreement was the product of genuine bargaining efforts and that it met all the requirements for approval. Consequently, the Commission approved the enterprise agreement as a registered agreement under the Act. The Commission also made orders to ensure the agreement was properly communicated to all affected employees.

Nathan Contractors 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