DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New England Trading T/A NET Modular
(AG2019/4474)

NEW ENGLAND TRADING PTY LIMITED ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 13 DECEMBER 2019

Application for approval of the New England Trading Pty Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the New England Trading Pty Limited Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Australian Workers’ Union being bargaining representatives for the Agreement, have each given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 December 2019. The nominal expiry date of the Agreement is 22 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, New England Trading T/A NET Modular, sought approval of the New England Trading Pty Limited Enterprise Agreement 2019. The application was made under the Fair Work Act 2009. The dispute involved the terms and conditions of employment as outlined in the proposed agreement, which the applicant argued should be certified and made legally binding. The matter was heard in the Fair Work Commission.

The legal issues before the court centred on whether the proposed enterprise agreement met the requirements of the Fair Work Act. Key questions included whether the agreement contained all the mandated terms, whether it was made in good faith, and whether it appropriately balanced the rights of employers and employees. The applicant argued that the agreement was comprehensive and fairly negotiated, while no opposing party contested the application.

The Fair Work Commission found that the agreement was properly negotiated and contained all the required terms. The Commission noted that the agreement provided for reasonable working conditions, including provisions for overtime, penalties for non-compliance, and dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and that it struck an appropriate balance between the interests of the employer and employees. Consequently, the Commission approved the application and certified the agreement as meeting the legal standards.

The Fair Work Commission certified the New England Trading Pty Limited Enterprise Agreement 2019, making it a legally binding document. The agreement, which outlines the terms and conditions of employment for the employees of New England Trading T/A NET Modular, is now enforceable under the Fair Work Act.

New England Trading T/A NET Modular

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established