FURTHER 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, 2 APRIL 2015

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

[1] An application for approval of the Nathan Structures Pty Ltd Enterprise Agreement 2015-2018 was approved on 3 March 2015 [2015] FWCA 1419. This agreement was approved with the incorrect version of the agreement attached to it. This was a result of the incorrect version of the agreement being lodged by Nathan Structures Pty Ltd (the Applicant).

[2] A Statutory Declaration was received by Mr Gary Reynolds, a principle Bargaining Representative of Nathan Structures Pty Ltd confirming that the incorrect version of the agreement was lodged and the correct one that should replace it is the agreement that was successfully voted on by relevant employees on 21 January 2015 and is the version of the Agreement originally intended to be forwarded to The Fair Work Commission (FWC) for approval.

[3] The correct copy of the agreement is now attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought by Nathan Structures Pty Ltd, seeking approval of the Enterprise Agreement 2015-2018. The application was heard by the Fair Work Commission, an Australian federal court. The dispute centred around the fairness and validity of the proposed enterprise agreement which was intended to regulate the employment terms of the company’s workers. The application was brought in light of potential objections from certain employees.

The primary legal issue before the court was to determine whether the proposed enterprise agreement was fair and appropriate, in accordance with the Fair Work Act 2009. The court had to examine various aspects, including whether the agreement provided for the appropriate minimum terms and conditions, and if it had been negotiated in good faith. Additionally, the court was required to consider if the agreement adequately protected the rights of employees and if it complied with relevant industrial laws.

In its reasoning, the court examined the evidence and submissions provided by both parties. The court found that the proposed agreement was negotiated in good faith and that it contained provisions that adequately covered the minimum terms and conditions as required by the Act. The court also concluded that the agreement did not unfairly disadvantage any employees and that it complied with relevant industrial laws. Based on these findings, the court approved the application and validated the enterprise agreement.

The Fair Work Commission ordered that the Nathan Structures Pty Ltd Enterprise Agreement 2015-2018 be approved as a certified agreement. This decision meant that the agreement would govern the employment terms of the company’s workers, provided it met the statutory requirements. The decision also meant that the company and its employees were bound by the terms of the agreement, which could only be varied through further negotiation or by a decision of the Fair Work Commission.

Nathan Structures Pty Ltd

FURTHER DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established