DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nelmac Pty Ltd
(AG2019/3620)

NELMAC PTY LTD ENTERPRISE AGREEMENT 2019-2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 28 NOVEMBER 2019

Application for approval of the Nelmac Pty Ltd Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the Nelmac Pty Ltd Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nelmac 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. The undertakings are taken to be a term of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] I am satisfied, having regard to the explanation provided by the employer, that the failure to provide the last Notice of Employee Representational Rights to employees in the requisite period was a minor procedural requirement and that each of the requirements of s.188(2) have been met. The relevant employees were unlikely to be disadvantaged by the error, and I do not consider it to be an error that stands in the way of the approval of the Agreement.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nelmac Pty Ltd is an enterprise in the Australian metal manufacturing industry, and this case concerns the approval of the Enterprise Agreement 2019-2021. The Fair Work Commission heard the application for approval of the agreement between Nelmac Pty Ltd and its employees. The primary dispute involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Fair Work Commission had to address were whether the agreement had been made genuinely and in good faith, whether it contained the minimum terms and conditions mandated by the Act, and whether it was procedurally sound. The Commission also examined whether the agreement was in the best interests of the employees and whether it complied with the relevant industrial instruments.

The Commission determined that the agreement was made genuinely and in good faith, as it was negotiated between the employer and the employees through proper consultation. The agreement was found to contain all the minimum terms and conditions required by the Act and complied with the relevant industrial instruments. Additionally, the Commission concluded that the agreement was in the best interests of the employees, as it provided fair and reasonable terms. The Commission approved the Enterprise Agreement 2019-2021, as it met all the statutory requirements and was procedurally sound.

The Fair Work Commission approved the Nelmac Pty Ltd Enterprise Agreement 2019-2021, effective from 1st July 2019. This decision provides clarity and certainty to both the employer and employees, ensuring that the agreement is legally binding and enforceable.

Nelmac 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