Nathan Contractors Pty Ltd Summary

[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.

COMMISSIONER

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CaseChat Overview and Summary

Nathan Contractors Pty Ltd recently sought approval of an enterprise agreement from the Fair Work Commission. The application involved a proposed agreement between the company and its employees for the period 2024-2028. The primary issue before the Commission was whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009, including whether it contained all the prescribed minimum terms and conditions. The dispute also involved whether the agreement adequately protected the interests of employees and if it was made in good faith.

The Commission carefully reviewed the proposed agreement, focusing on its compliance with the Fair Work Act's provisions. Key considerations included whether the agreement met the requirements for fair and reasonable terms and conditions, and whether it was free from any discriminatory provisions. The Commission also examined whether the agreement was made without coercion and in good faith. The company argued that the agreement was fair and reasonable, while employee representatives contended that certain terms were inadequately protective of workers' rights.

After thorough analysis, the Commission found that the proposed agreement largely complied with the statutory requirements. However, certain provisions were modified to better align with the Fair Work Act's prescribed minimum terms and conditions. The Commission also made adjustments to ensure that the agreement was free from any discriminatory provisions and was made in good faith. The modifications included amendments to certain leave entitlements and procedural fairness provisions. The Commission concluded that, with these changes, the agreement met the necessary legal standards and could be approved.

The Fair Work Commission approved the enterprise agreement with the modifications. The final order mandated that the company implement the approved agreement, which incorporated the changes deemed necessary by the Commission. The approval marked the end of the legal proceedings, ensuring that the agreement would provide a fair and reasonable framework for the employment relationship between Nathan Contractors Pty Ltd and its employees for the specified period.

Nathan Contractors Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established