DECISION

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

Nathan Structures Pty Ltd
(AG2015/129)

NATHAN STRUCTURES PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 3 MARCH 2015

Application for approval of the Nathan Structures Pty Ltd Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Nathan Structures Pty Ltd Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nathan Structures 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] 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 3 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nathan Structures Pty Ltd recently came before the Fair Work Commission (FWC) in an application for the approval of the Nathan Structures Pty Ltd Enterprise Agreement 2015-2018. The applicant, Nathan Structures, sought to have the agreement recognised as a protected action agreement, exempt from the "no disadvantage test" under the Fair Work Act 2009. The dispute centred on whether the proposed terms of the agreement met the criteria for approval and whether they complied with the requirements set out in the Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the employees, whether it covered a sufficient number of employees, and whether the terms of the agreement were fair and reasonable. The Commission had to assess if the agreement provided for the appropriate balance of rights and obligations between the parties and whether it complied with the "better off overall test". Additionally, the Commission needed to determine if the agreement was consistent with the national minimum standards and if it was appropriate for the business context of the applicant.

The Commission found that the agreement was genuinely negotiated and covered a sufficient number of employees. It concluded that the terms of the agreement were fair and reasonable, providing for an appropriate balance of rights and obligations between the employer and employees. The Commission determined that the agreement met the better off overall test and was consistent with the national minimum standards. After carefully considering the evidence and submissions, the Commission approved the agreement, exempting it from the no disadvantage test. Consequently, the application for approval of the Nathan Structures Pty Ltd Enterprise Agreement 2015-2018 was successful, and the agreement was registered as a protected action agreement.

Nathan Structures 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