DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Negri Contractors (Vic) Pty Ltd
(AG2018/2878)

NEGRI CONTRACTORS (VIC) PTY LTD, ENTERPRISE AGREEMENT 2018 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 17 AUGUST 2018

Application for approval of the Negri Contractors (Vic) Pty Ltd, Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Negri Contractors (Vic) Pty Ltd, Enterprise Agreement 2018 - 2020 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Enterprise Agreement 2018 - 2020 between Negri Contractors (Vic) Pty Ltd and their employees. The applicants, representing the employer, sought the court's endorsement of the proposed agreement which outlined terms and conditions of employment for the duration of the agreement. The respondents, who represented the employees, did not oppose the approval of the agreement but raised concerns regarding certain clauses.

The primary legal issue the court had to address was whether the agreement met the requirements of the Fair Work Act 2009, specifically sections pertaining to the approval process for enterprise agreements. This included ensuring the agreement was made in good faith and provided for the proper classification of employees, minimum rates of pay, and other conditions of employment. The court also had to consider if the agreement facilitated, promoted, or improved the efficiency, productivity, or performance of the workplace.

The Fair Work Commission found that the agreement was consistent with the provisions of the Fair Work Act. The agreement was made in good faith, with sufficient consultation between the parties. The court noted that the proposed terms and conditions of employment were clear and provided for minimum rates of pay, as well as other conditions such as leave entitlements and penalty rates. Additionally, the court found that the agreement did not undermine the existing industrial conditions and that it did not contain any terms that would be contrary to public policy. Consequently, the court approved the agreement, confirming that it met the necessary criteria for endorsement.

The final order of the court was that the Enterprise Agreement 2018 - 2020 between Negri Contractors (Vic) Pty Ltd and their employees be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision, and it would govern the terms and conditions of employment for the duration specified in the agreement. The decision was made on the basis that the agreement was in accordance with the requirements of the Act and facilitated, promoted, or improved the efficiency, productivity, or performance of the workplace.

Negri Contractors (Vic) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established