DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neami Limited T/A Neami National
(AG2018/5684)

NEAMI LIMITED NATIONAL EMPLOYMENT AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 MAY 2019

Application for approval of the Neami Limited National Employment Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Neami Limited National Employment Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neami Limited T/A Neami National. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision.

[4] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

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ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, Neami Limited, trading as Neami National, applied for the approval of the Neami Limited National Employment Agreement 2018. The application arose from negotiations between Neami National and its employees represented by the Community and Public Sector Union. The proposed agreement aimed to govern the employment conditions of Neami National’s employees. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement provided for a safety net of minimum entitlements and did not include any terms that were less favourable than the safety net. Additionally, the Commission had to assess whether the agreement complied with procedural requirements, including adequate disclosure of relevant information and the opportunity for proper consideration by the parties involved.

In delivering its decision, the Commission examined the proposed agreement's provisions against the statutory safety net and found that it provided a comprehensive set of minimum entitlements. The Commission also considered the procedural fairness of the negotiations and concluded that all necessary information was disclosed and that the employees had an adequate opportunity to review and respond to the proposed terms. Based on these findings, the Commission approved the agreement, recognising it as a fair and reasonable basis for employment conditions. The approval of the agreement ensures that Neami National’s employees will be governed by the terms set out in the Neami Limited National Employment Agreement 2018.

Neami Limited T/A Neami National

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established