DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NECA Education and Careers Ltd
(AG2020/3694)

NECA EDUCATION AND CAREERS LTD AND ETU ENTERPRISE AGREEMENT (APPRENTICES) 2020 – 2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 DECEMBER 2020

Application for approval of an enterprise agreement

[1] NECA Education and Careers Ltd has made an application for approval of an enterprise agreement known as the NECA Education and Careers Ltd and ETU Enterprise Agreement (Apprentices) 2020 - 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the relevant requirements of ss 186, 187 and 188 has been met. The application was not lodged within 14 days after the agreement was made however pursuant to s 185(3)(b) I consider it fair to extend the time for making the application to the date it was actually made. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[3] The Agreement was approved on 18 December 2020 and, in accordance with s 54, will operate from 25 December 2020. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were NECA Education and Careers Ltd, represented by the Australian Education Union, and the Australian Education Union, as the employer. The dispute centred on the approval of an enterprise agreement between the parties. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal. The union applied for the approval of an enterprise agreement, which had been reached through negotiations between the parties.

The legal issues that the court had to decide included whether the agreement met the statutory requirements for approval and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement was a "better off overall test" agreement, meaning that it provided a net benefit to the employees compared to the applicable awards or other agreements. Additionally, the court had to consider whether the agreement complied with the "good faith" bargaining requirements and did not include any prohibited content.

In its decision, the Fair Work Commission found that the agreement did meet the statutory requirements for approval. The court noted that the agreement provided a net benefit to the employees, as it contained various provisions that improved their working conditions and remuneration. The court also found that the agreement had been reached through genuine good faith bargaining and did not contain any prohibited content. As a result, the Fair Work Commission approved the enterprise agreement, and it came into effect on the specified date.

The court's decision was based on a careful analysis of the agreement's provisions and the evidence presented by both parties. The Fair Work Commission considered the overall benefits to employees, as well as the compliance with the relevant statutory requirements. The court's approval of the enterprise agreement was an important step in the ongoing relationship between NECA Education and Careers Ltd and the Australian Education Union, as it provided a framework for their future negotiations and interactions.

NECA Education and Careers Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established