DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Automation Controls Pty Ltd
(AG2019/336)

NATIONAL AUTOMATION CONTROLS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 28 MAY 2019

Application for approval of the National Automation Controls Pty Ltd Enterprise Agreement 2019 - 2023.

[1] Application has been made for approval of a single enterprise agreement known as the National Automation Controls Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by National Automation Controls Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2019. The nominal expiry date of the Agreement is 27 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

National Automation Controls Pty Ltd was the subject of an application to the Fair Work Commission, seeking approval of the National Automation Controls Pty Ltd Enterprise Agreement 2019 - 2023. The dispute involved the terms of the proposed agreement, which aimed to regulate the employment conditions of workers within the company over the specified period. The matter was heard by Commissioner R W Young.

The primary legal issues the Commission had to resolve were whether the agreement provided for the employees' minimum entitlements and whether it was made in accordance with the Fair Work Act 2009. The Commission needed to examine the specifics of the agreement, including wages, conditions, and other terms, to determine if they met the legislative standards for enterprise agreements.

Commissioner Young assessed the agreement clause by clause, confirming that it provided for the minimum entitlements required by the Fair Work Act. The Commission also found that the agreement was made in accordance with the provisions of the Act, as it was formed without any improper influence and was the product of genuine bargaining between the employer and the employees' representatives. The application was thus approved, allowing the agreement to be registered and enforceable.

The final orders included the registration of the enterprise agreement, with the terms and conditions specified in the document becoming legally binding for the duration of the agreement. The decision ensured that the employees' rights and obligations, as well as those of the employer, were clearly defined and enforceable under the Fair Work Act.

National Automation Controls 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