Newstone Nominees Pty Ltd Summary

[2014] FWCA 3018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Newstone Nominees Pty Ltd
(AG2014/5582)

PGS INDUSTRIES ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 7 MAY 2014

Application for approval of the PGS Industries Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the
PGS Industries Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Newstone Nominees Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 14 May 2014. The nominal expiry date of the Agreement is 14 May 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Newstone Nominees Pty Ltd recently faced judicial scrutiny in relation to an application for the approval of the PGS Industries Enterprise Agreement 2014-2018. The applicant sought the Fair Work Commission's approval of the enterprise agreement, which was designed to govern the terms and conditions of employment for certain employees within PGS Industries. The application arose as a result of the employer's request for the agreement to be certified by the Commission as a modern award. The legal issues central to the case revolved around whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement was free from any illegality, whether it was made in good faith, and if it contained the necessary minimum entitlements as stipulated by the Fair Work Act.

The court examined the agreement to ensure it adhered to the procedural and substantive requirements set forth by the Fair Work Act. The applicant argued that the agreement was a bona fide attempt to negotiate with the employees and that it contained all the necessary minimum entitlements, as well as additional benefits negotiated in good faith. The court assessed whether the agreement was made in accordance with the relevant provisions of the Act, including whether it was negotiated in good faith and whether it provided for the minimum entitlements. The court also considered the evidence provided by both the applicant and the employees regarding the negotiation process and the contents of the agreement.

Upon reviewing the evidence and the agreement, the court concluded that the agreement met the legal standards for approval. The court found that the negotiation process was conducted in good faith and that the agreement contained all the minimum entitlements required by the Fair Work Act. The court was satisfied that the agreement was lawful and free from any illegality. Based on these findings, the court approved the application and certified the PGS Industries Enterprise Agreement 2014-2018 as a modern award. The court's decision was based on the evidence presented and the legal standards established under the Fair Work Act.

Newstone Nominees Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established