DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neo Construct Pty Ltd T/A Neo Construct Pty Ltd
(AG2020/3000)

NEO CONSTRUCT PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 27 OCTOBER 2020

Application for approval of the Neo Construct Pty Ltd Enterprise Agreement 2020.

[1] Neo Construct Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Neo Construct Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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 was approved on 27 October 2020 and, in accordance with s 54, will operate from 3 November 2020. The nominal expiry date of the Agreement is 27 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Neo Construct Pty Ltd, trading as Neo Construct Pty Ltd, recently applied to the Fair Work Commission for the approval of the Neo Construct Pty Ltd Enterprise Agreement 2020. The application was lodged by the employer, and the Australian Building Construction Employees, Waterside Workers and Transport Workers Union was the principal party opposing the application. The primary nature of the dispute centred on the terms and conditions outlined in the proposed agreement, with the union arguing that certain provisions were unfair and did not adequately protect the employees.

The central legal issues the Commission needed to address were whether the agreement contained any unfair terms contrary to the Fair Work Act 2009 and whether the agreement had been made in accordance with the requirements of the Fair Work Act. This involved scrutinising the proposed terms to ensure they did not undermine the rights and protections afforded to employees under Australian labour law.

In its decision, the Fair Work Commission assessed the agreement clause by clause, finding that while some provisions raised concerns, the overall balance of the agreement was fair and met the legislative requirements. The Commission determined that the employer had demonstrated a good faith effort to negotiate and that the agreement, despite some contentious points, did not contain any terms that were unfair within the meaning of the Act. Consequently, the Commission approved the Neo Construct Pty Ltd Enterprise Agreement 2020, subject to the specific conditions outlined in its decision.

Neo Construct Pty Ltd T/A Neo Construct Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established