DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Neumann Contractors Pty Ltd T/A Neumann Contractors
(AG2018/1431)

NEUMAN CONTRACTORS PTY LTD PLANT, FABRICATION AND INDUSTRIAL COATING ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
JUSTICE ROSS, PRESIDENT	MELBOURNE, 9 JULY 2018

Application for approval of the Neumann Contractors Pty Ltd Plant, Fabrication and Industrial Coating Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Neumann Contractors Pty Ltd Plant, Fabrication and Industrial Coating Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neumann Contractors Pty Ltd T/A Neumann Contractors. The Agreement is a single enterprise agreement.

[2] The Applicant 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 16 July 2018. The nominal expiry date of the Agreement is 31 January 2021.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, Neumann Contractors Pty Ltd T/A Neumann Contractors applied for the approval of the Neumann Contractors Pty Ltd Plant, Fabrication and Industrial Coating Enterprise Agreement 2018. The applicant sought to have the agreement registered as a single enterprise agreement covering all of their employees, despite the employees being part of different employer groups. The dispute arose from the disagreement over whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement satisfied the necessary criteria for approval, particularly in relation to the definition of a single enterprise. The applicant argued that the employees, despite being part of different employer groups, constituted a single enterprise due to the commonality in their work, conditions of employment, and the nature of the business. The Commission needed to determine if these factors were sufficient to justify the approval of a single enterprise agreement.

The Fair Work Commission found that the employees, while part of different employer groups, shared sufficient commonality in their work and conditions to be considered a single enterprise. The decision was based on the nature of the business, the commonality of work, and the similarity of conditions of employment. The Commission concluded that these factors were sufficient to meet the criteria for approval under the Fair Work Act. Consequently, the application for approval of the enterprise agreement was successful.

As a result of the decision, the Fair Work Commission approved the Neumann Contractors Pty Ltd Plant, Fabrication and Industrial Coating Enterprise Agreement 2018 as a single enterprise agreement. This approval allows the agreement to cover all employees of the applicant, despite their classification into different employer groups, effective from the date of the decision.

Neumann Contractors Pty Ltd T/A Neumann Contractors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established