NDE Group Pty Ltd T/A NDE Group

[2024] FWCA 2589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NDE Group Pty Ltd T/A NDE Group

(AG2024/2389)

NDE GROUP PTY LTD BHP WESTERN RIDGE CRUSHER PROJECT AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 11 JULY 2024

Application for approval of the NDE Group Pty Ltd BHP Western Ridge Crusher Project Agreement 2024

An application has been made for approval of a greenfields agreement known as the NDE Group Pty Ltd BHP Western Ridge Crusher Project Agreement 2024 (the Agreement).

The application was made by NDE Group Pty Ltd T/A NDE Group pursuant to section 185 of the Fair Work Act 2009 (Cth) (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. I am also satisfied that it is in the public interest to approve the Agreement.

The Applicant has provided written undertakings and a copy of the undertakings is attached to the Agreement. In accordance with section 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the AWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. Pursuant to section 53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 July 2024. The nominal expiry date of the Agreement is 11 July 2028.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved NDE Group Pty Ltd, trading as NDE Group, which sought approval for the NDE Group Pty Ltd BHP Western Ridge Crusher Project Agreement 2024. The dispute centred around the validity and compliance of the proposed project agreement with relevant statutory requirements and the terms of any existing contracts. The court had to determine whether the application for approval met all necessary legal standards.

The key legal issues revolved around the interpretation of the relevant statutory provisions and whether the proposed agreement complied with these provisions. The court needed to assess if the application was made in good faith and if it met the criteria set out in the applicable legislation. Additionally, the court examined whether there were any potential conflicts with existing agreements or obligations that could affect the validity of the proposed agreement.

The court meticulously reviewed the statutory requirements and the terms of the proposed agreement. It found that the application met all necessary criteria and was made in good faith. The court determined that the agreement was in compliance with the relevant legislation and did not conflict with any existing agreements. Consequently, the court approved the NDE Group Pty Ltd BHP Western Ridge Crusher Project Agreement 2024.

In light of the findings, the court made an order approving the proposed agreement. This decision enabled NDE Group Pty Ltd to proceed with the project in accordance with the terms of the agreement. The approval was subject to compliance with the conditions specified by the court, ensuring that all legal and contractual obligations were fulfilled.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established