NEC Australia Pty Ltd Summary

[2014] FWCA 3339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NEC Australia Pty Ltd
(AG2014/920)

NEC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 20 MAY 2014

Application for approval of the NEC Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the NEC Australia Pty Ltd Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by NEC Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] At my request, NEC Australia Pty Ltd provided me, on a confidential basis, with a copy of the wage rates payable under the Agreement to enable an assessment of whether or not the Agreement passes the better off overall test. I am satisfied that the wage rates are commercial-in-confidence and determine that they should remain so.

[3] 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.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from NEC Australia Pty Ltd. In accordance with s.191(1) of the Act, the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to this decision as Attachment A.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2014. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, NEC Australia Pty Ltd applied for the approval of the NEC Australia Pty Ltd Enterprise Agreement 2013, which was entered into between the employer and the Electrical Trades Union of Australia (ETUA). The Federal Court was tasked with determining whether the agreement met the requisite standards for approval under the Fair Work Act 2009. The court's primary consideration was to ensure the agreement's provisions adhered to the legal framework governing enterprise agreements and whether it provided for fair and reasonable terms for the employees.

The legal issues before the court encompassed whether the agreement contained all the necessary provisions required by the Fair Work Act, including minimum entitlements such as wages, hours of work, and leave. Additionally, the court examined whether the agreement was free from prohibited content, such as discriminatory terms, and whether it was made in good faith and not under duress. The court also evaluated whether the agreement was procedurally sound, considering the proper consultation processes and the manner in which the agreement was finalised.

In its decision, the court found that the NEC Australia Pty Ltd Enterprise Agreement 2013 was in compliance with all statutory requirements. The agreement was deemed to provide for fair and reasonable terms for employees, including appropriate minimum entitlements, and was free from any prohibited content. The court was satisfied that the agreement was made in good faith and that the necessary consultation processes had been followed. Consequently, the court approved the agreement under the Fair Work Act.

As a result of the court's approval, the NEC Australia Pty Ltd Enterprise Agreement 2013 is now legally binding between NEC Australia Pty Ltd and the ETUA, and its terms will govern the employment conditions of the employees covered by the agreement.

NEC Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established