DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newgen Property Pty Ltd
(AG2018/5883)

NEWGEN PROPERTY PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 3 APRIL 2019

Application for approval of the Newgen Property Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Newgen Property Pty Ltd 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 Newgen Property Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 4 October 2020.

Printed by authority of the Commonwealth Government Printer

Newgen Property Pty Ltd was the subject of an application for approval of the Newgen Property Pty Ltd Enterprise Agreement 2018. The application was made by the Australian Building and Construction Commission, and the Fair Work Commission was the court that heard the matter. The primary dispute centred on the terms of the enterprise agreement and whether it met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Fair Work Commission involved whether the enterprise agreement provided for the appropriate minimum terms, and if it was free from prohibited content. The Commission needed to determine if the agreement complied with the statutory minimum standards and whether it contained any terms that were unlawful or contrary to public policy. Additionally, the court examined the process by which the agreement was made, ensuring that it adhered to the procedural fairness requirements set out in the Act.

In its reasoning, the Fair Work Commission found that the Newgen Property Pty Ltd Enterprise Agreement 2018 did not adequately provide for the appropriate minimum terms, specifically concerning overtime rates and penalty rates. The Commission noted that the agreement fell short of the statutory minimum standards, as it did not include provisions that were consistent with the basic entitlements outlined in the Act. Furthermore, the court held that the agreement contained terms that were contrary to public policy, specifically in relation to the limitations placed on employees' rights to engage in protected industrial action. The Commission concluded that the agreement did not meet the necessary criteria for approval and rejected the application for its approval.

The Fair Work Commission ordered that the Newgen Property Pty Ltd Enterprise Agreement 2018 be disallowed, as it did not comply with the statutory requirements under the Fair Work Act 2009. The Commission's decision emphasised the importance of ensuring that enterprise agreements provide for the appropriate minimum terms and do not contain prohibited content, in order to protect the rights of employees and maintain industrial harmony.

Newgen Property Pty Ltd

DECISION

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