NDE Group Pty Ltd T/A FRC VAC

[2022] FWCA 4450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NDE Group Pty Ltd T/A FRC VAC

(AG2022/4728)

NDE Group Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 15 DECEMBER 2022

Application for approval of the NDE Group Enterprise Agreement 2022

NDE Group Pty Ltd T/A FRC VAC (the Applicant) has made an application for the approval of an enterprise agreement known as the NDE Group Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 15 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of an enterprise agreement between NDE Group Pty Ltd, trading as FRC VAC, and its employees. The dispute centred on whether the agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009. The parties involved were the employer, represented by counsel, and the employees, represented by the Australian Manufacturing Workers Union. The Commission was tasked with examining the provisions of the agreement to determine if it was fair and reasonable, taking into account the various aspects of employment conditions and the rights and interests of both parties.

The central legal issues in this case revolved around the fairness and reasonableness of the proposed enterprise agreement. The Commission needed to assess whether the agreement complied with the statutory requirements set out in the Fair Work Act. This included evaluating if the agreement provided for appropriate minimum wages and conditions, covered essential matters such as hours of work, leave entitlements, and dispute resolution mechanisms, and did not unfairly disadvantage any party. Additionally, the Commission had to consider whether the agreement had been made in good faith and whether any procedural requirements were met in its negotiation and presentation.

In reaching its decision, the Commission carefully reviewed the provisions of the NDE Group Enterprise Agreement 2022. It found that the agreement contained provisions that were fair and reasonable, addressing the essential employment conditions and providing for adequate protections for both employees and the employer. The Commission concluded that the agreement had been negotiated in good faith and met all statutory requirements for approval. Consequently, the application for approval was successful, and the agreement was certified as meeting the necessary standards under the Fair Work Act.

The Fair Work Commission approved the NDE Group Enterprise Agreement 2022 and ordered its registration. This decision ensures that the terms and conditions of employment are legally binding and provides a framework for future industrial relations between the employer and employees. The approved agreement will now govern the employment relationship, providing clarity and certainty to both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established