Neo West Building Pty Ltd Summary

[2013] FWCA 1611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neo West Building Pty Ltd
(AG2013/195)

NEO WEST BUILDING PTY LTD RH ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 MARCH 2013

Application for approval of the Neo West Building Pty Ltd RH Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Neo West Building Pty Ltd RH Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Neo West Building Pty Ltd recently brought an application to the Fair Work Commission for approval of their RH Enterprise Agreement 2013. The applicant is a building contractor that engages various employees under the Residential Building and Construction Industry Award 2010. The dispute arose when the applicant sought to implement a new enterprise agreement that would alter certain terms and conditions of employment for its employees, including wage rates, working hours, and other employment-related matters.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for the "better off overall test" and whether it had been genuinely agreed to by the employees. The Commission also needed to consider whether the agreement contained any provisions that were contrary to the public interest.

In determining the application, the Commission found that the proposed agreement did meet the better off overall test and had been genuinely agreed to by the employees. The Commission also found that the agreement contained no provisions that were contrary to the public interest. The Commission approved the agreement, finding that it provided for a fair and reasonable set of terms and conditions of employment for the employees of the applicant. The Commission noted that the agreement provided for a number of improvements to the employees' conditions of employment, including increased wages and better working conditions. The Commission was satisfied that the agreement was in the best interests of the employees and that it provided for a fair and reasonable set of terms and conditions of employment.

The Commission approved the Neo West Building Pty Ltd RH Enterprise Agreement 2013, subject to certain conditions and requirements. These included a requirement that the applicant provide written notice to the employees of the approved agreement and a requirement that the applicant maintain certain records relating to the agreement. The Commission also imposed a number of other conditions and requirements designed to ensure that the agreement was implemented in a fair and reasonable manner. Overall, the Commission found that the proposed agreement was in the best interests of the employees and that it provided for a fair and reasonable set of terms and conditions of employment.

Neo West Building Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established