Negri Contractors (Vic) Pty Ltd

[2022] FWCA 3038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Negri Contractors (Vic) Pty Ltd

(AG2022/3464)

Negri Contractors (Vic) Pty Ltd, Enterprise Agreement 2022-2024

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 5 SEPTEMBER 2022

Application for approval of the Negri Contractors (Vic) Pty Ltd, Enterprise Agreement 2022 - 2024

An application has been made for approval of an enterprise agreement known as the Negri Contractors (Vic) Pty Ltd, Enterprise Agreement 2022 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Negri Contractors (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 12 September 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Negri Contractors (Vic) Pty Ltd, an employer, for approval of their enterprise agreement with their employees for the period 2022 to 2024. The agreement was negotiated with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) as the representative of the employees. The dispute centred on whether the terms and conditions outlined in the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the court had to decide were whether the enterprise agreement provided for the mandatory minimum terms, and if it contained any terms that were outside the scope of permissible matters. Additionally, the court had to ensure that the agreement did not include any terms that would undermine the operation of the modern awards, and that it was consistent with the overarching objectives of the Fair Work Act, including promoting harmonious, productive and cooperative workplace relationships.

The Fair Work Commission found that the enterprise agreement met all the necessary criteria for approval. It contained the mandatory minimum terms as required by the Act and did not include any terms that were outside the scope of permissible matters. The agreement also ensured that it did not undermine the modern awards and aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the agreement, confirming that it was fair and balanced for both the employer and the employees.

The Commission's approval of the enterprise agreement was final, and the terms of the agreement would now govern the employment conditions between Negri Contractors (Vic) Pty Ltd and its employees for the specified period, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established