National Personnel Group Pty Ltd

[2013] FWCA 366

FAIR WORK COMMISSION

DECISION

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

National Personnel Group Pty Ltd
(AG2012/13076)

NATIONAL PERSONNEL GROUP ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 17 JANUARY 2013

Application for approval of the National Personnel Group Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the

National Personnel Group Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act), the Agreement is a single-enterprise agreement.

[2] Upon inquiry from the Commission, the Applicant’s representative advised that the relevant employees are covered by the Manufacturing and Associated Industries and Occupations Award 2010.

[3] The Agreement covers employees working in the classifications listed at Schedule 1 - Engineering Tradespersons and Trade Supervisors of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[4] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 24 January 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Personnel Group Pty Ltd recently had its Enterprise Agreement 2012 come before the Fair Work Commission for approval. The matter involved the applicant, National Personnel Group Pty Ltd, and its employees, represented by the Australian Services Union. The dispute centred on whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The key legal issues addressed by the Commission were whether the agreement complied with the formal requirements outlined in the Fair Work Act and whether it provided for a fair and reasonable safety net for employees. Specifically, the Commission needed to consider whether the agreement contained all the necessary prescribed terms and whether it was consistent with the objects of the Fair Work Act, including the protection of employees' rights and interests.

The Fair Work Commission found that the Enterprise Agreement 2012 was in substantial compliance with the formal requirements of the Fair Work Act. The Commission also determined that the agreement provided for a fair and reasonable safety net for employees, as it included provisions for minimum wages, penalty rates, and other employment conditions that met or exceeded the relevant awards. Consequently, the Commission approved the agreement, recognising its overall benefit to both the employer and the employees.

In light of the approval, the Fair Work Commission made an order approving the National Personnel Group Enterprise Agreement 2012 as a registered agreement under the Fair Work Act 2009. This decision ensures that the agreement is legally binding on the parties involved and provides a framework for the terms and conditions of employment going forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established